HomeMy WebLinkAbout2018-09-11 - Agendas - FinalCITY OF
9im FAYETTEVILLE MEETING AGENDA
4VARKANSAS REVISED
Water, Sewer, and Solid Waste Committee
September 11t", 2018
5:30 P.M.
(Or immediately following Equipment Committee Session)
City Hall - Room 326
Committee: Chairman Mark Kinion; Council Member Sarah Marsh, Council Member Sarah
Bunch, Council Member John LaTour
Copy to: Mayor Lioneld Jordan, Don Marr, Paul Becker, ; Sondra Smith, Susan Norton,
Chris Brown, Alan Pugh, Terry Gulley, Peter Nierengarten, Jeff Coles, Brian Pugh,
Mark Rogers, Jim Beavers, Aaron Watkins, Greg Weeks, Mayo Miller, Tim Luther
From: Tim Nyander, Utilities Director
CALL TO ORDER
ROLL CALL
OLD BUSINESS/UPDATES:
1. Update on the Nutrient Trading Regulation
Discussion of recent comments and the response to comments to proposed Regulation
37.
NEW BUSINESS:
1. Replacement of a Variable Frequency Drive at the Hamestring Lift Station
The Hamestring Lift Station on Sunshine Road delivers over 85% of the West Side
WRRF's average 7+ MGD of wastewater influent. The station, first brought online in
June 2008, utilizes a series of seven 350 hp Cornell pumps that have been in operation
for nearly 10 years. Three of these pumps are powered by variable frequency drive
motors (VFDs). These VFDs are critical to maintain a consistent wetwell level at the lift
station and help to reduce equipment wear associated with excess pump start/stops
where VFDs are not utilized.
Over the past couple of years, select electrical components at Hamestring have reached
their life expectancy and failed. As part of a predictive -maintenance schedule and given
the critical nature of the Hamestring VFDs, staff recommend replacing one VFD in 2018
before experiencing failures.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The City received three quotes to purchase one replacement VFD. Upchurch Electric
submitted the lowest quote and their quote meets specifications.
Upchurch Electric
$18,093
plus taxes & shipping
Evans Enterprises
$20,091
plus taxes & shipping
Elliot Electric Supply
$35,997
plus taxes &shipping
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
2. Gregg Street Lift Station Pump Rebuild
The Gregg Ave Lift Station is the largest single wastewater lift -station that feeds into the
Hamestring Lift Station. A predictive maintenance schedule was initiated in 2012, where
the station's four submersible pumps are systematically pulled for inspection and
repairs. Completing repairs to this final pump will represent the close of the lift station's
most recent predictive -repair cycle.
The final 80 HP KSB pumps was recently removed and shipped to JCI Industries, Inc. in
Joplin, MO for disassembly and repair inspection. The pump was found to be in need of
a routine rebuild including some minor machine work, as expected for a ten year old
pump. Because it was necessary to have the repair facility disassemble and inspect the
unit to determine the extent of hidden and unknown damage to equipment already
purchased, a bid waiver and/or formal sealed bidding is not necessary according to
Arkansas Procurement Law R6:19-11-203, Subsection 14 (EE) "hidden or unknown
damages".
The estimated cost for the pump rebuild is $22,500, but JCI is still waiting for final parts
pricing from the manufacturer.
3. Supplemental Agreement No. 2 to the Engineering Services Contract with Allgeier,
Martin and Associates, Inc. for Electrical Engineering Services
Electrical Improvements for the Noland WWTP have been under design for nearly a
year. During this time it has been discovered that the highest voltage portion of the
project is becoming critical, and needs to be addressed sooner than the projected
completion date of the entire project.
The requested supplemental services include expediting the design of the 15kV portions
of the electrical work for the Noland WWTP into an additional construction contract with
additional inspection time required. The proposed contract cost will be increased
$35,000.00 from the existing $526,193.00 to $561,193.00.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
Capital Projects Update
Number
Project Description
Contractor
Cost
Complete
1
Fulbright/Gregg Sewer Main Replacement (Design)
In -House Design
$1,000,000
75%
2
Utility Relocates Hwy 16 (Design)
McClelland Engineering
$117,859
75%
3
Kitty Creek Sewer Line Project (Design)
McClelland Engineering
$250,793
75%
4
Goshen/Benson Mtn. Water Tank Improvements (Design)
Hawkins -Weir
$133,980
65%
5
East Service Area water system - design
MWY/Olsson
$573,309
30%
6
1-49/Wedington Interchange water and sewer relocations
Burns & McDonnell
$203,269
30%
7
Electrical Improvements for the Noland WWTP (Design)
Allgeier, Martin
$480,049
20%
8
Annual Cured in Place Pipe (sewer) contract
Insituform
$528,693
15%
9
Water Audit (loss) Study
Black & Veatch
$83,691.
15%
10
2018 Water Tank inspection and water quality analysis
Garver
$154,000
10%
11
Masters Lift Station Removal (Construction)
TBD
TBD
0%
12
Gregg, Poplar and Easy Street Sewer Improvements
(Construction)
TBD
TBD
0%
PRESENTATIONS
ATTACHMENTS
Draft Regulation 37
VFD Quotes
Pump Rebuild Quote
Allgeier Martin & Associates Supplemental Agreement
ADJOURN
Next Water, Sewer, Solid Waste Committee meets on
Tuesday, October 9th, 2018, 5:30 p.m., Room 326.
1
***PRELIMINARY DISCUSSION DRAFT****
DRAFT
2 ARKANSAS NUTRIENT WATER QUALITY
3 TRADING REGULATION
4
5 SECTION 1. GENERAL PROVISIONS.
6 (A) This regulation shall be known and shall be cited as "The Arkansas Nutrient Water QualitX
7 Tradiniz Reizulation.
8 (B) Definitions:
9
(1)
"Department" or "ADEQ" means the Arkansas Department of Environmental QualitX
10
11
(2)
or its successor, unless otherwise specified.
"Director" means the Director of the Arkansas Department of Environmental Quality
12
13
(C) This regulation
or the Director's designee, unless otherwise specified.
is adopted under the authority of Act 335 of 2015, codified at Ark. Code Ann.
14
15
16
§§ 8-4-232 and 8-4-233.
(D) Pursuant to Ark. Code Ann. § 8-4-232(E):
(1) the Department has the responsibility to develop a schedule of user fees by calculating
17
the reasonable costs to the Department of implementing and enforcing the nutrient
18
19
(2)
water quality trading, credit, and offset program; and
the Commission may establish a schedule of user fees to be collected by the Department
20
from persons or entities utilizing credits and offsets from the Nutrient Credit
21
Generating Projects in order to comply with the National Pollutant Discharge
22
Elimination Systempermit limits.
1
6368950.3
***PRELIMINARY DISCUSSION DRAFT****
1 (E) Nothing in this regulation shall be construed to limit or impin _ egany requirement of any other
2 State or Federal environmental law or regulation.
3 SECTION 2. AUTHORITY TO APPROVE NUTRIENT CREDIT GENERATING
4 PROJECTS FOR USE AS OFFSETS.
5 The Director of the Arkansas Department of Environmental Quality shall have authority to qpprove
6 Nutrient Credit Generating Projects as sources of nutrient credits that may be used by National
7 Pollutant Discharge Elimination System,permit holders to offset their nutrient discharges when
8 determining compliance with water quality -based permit limits.
9 SECTION 3. APPLICATIONS FOR APPROVAL OF NUTRIENT CREDIT
10 GENERATING PROJECTS.
11 (A) Any person seeking approval of Nutrient Credit Generating Project shall submit an application
12 for approval to the Director. The application shall include:
13 (1) A description of the location, including the watershed, where the credit -generating
14 project will be implemented;
15 (2) A description of the watershed in which the credits are proposed for use as offsets;
16 (3) A list of the NPDES permitted point sources that may use the credits as offsets;
17 (4) The time period in which the credit -generating project may be used as an offset;
18 (5) Evidence that the credit -generating project will result in a reduction of nutrient
19 discharges below the existing baseline requirements;
20 (6) Evidence and calculations used to derive the credit quantity and credit ratios resulting
21 from the crediting -generating project, including an n explanation of the methods used to
22 address uncertainty factors;
2
6368950.3
***PRELIMINARY DISCUSSION DRAFT****
1 (7) A description of the methods by which the implementation, performance, and operation
2 and maintenance of the credit -generating project will be verified and documented, and
3 the identity of the person or entity responsible for documenting the verification; and
4 (8) A certification, signed the applicant, attesting that the application is true and
5 accurate to the best of the applicant's knowledge and belief.
6 (B) If an application involves nonpoint source nutrient credit -generating_ projects or activities, the
7 proposed Nutrient Credit Generating Project shall be submitted to the Arkansas Natural
8 Resources Commission for review prior to submittingthe he application to the Director of the
9 Arkansas Department of Environmental Quality. In such cases, the application to the Director
10 shall include a written statement from the Arkansas Natural Resources Commission
11 confirming their review of the project and reporting any comments or recommendations
12 resulting from that review.
13 (C) Applications submitted to the Director of the Arkansas Department of Environmental QualitX
14 shall comply with the public notice procedures and requirements for an individual permit
15 under Regulation No. 8. Applications shall also be publicly noticed through electronic notice
16 and publication on the Arkansas Department of Environmental Quality's website.
17 (D) After review of the application the Director may approve the Nutrient Credit Generating
18 Project as a source of nutrient credits that may be used as offsets as requested, disapprove the
19 Nutrient Credit Generating Project as a source of nutrient credits, or approve the Nutrient
20 Credit Generating Project as a source of nutrient credits subject to specific conditions or
21 limitations.
22 (E) Unless expressly granted for a shorter or longer term, the approval of the Nutrient Credit
23 Generating Project as a source of nutrient credits shall be limited to a term of five years from
6368950.3
***PRELIMINARY DISCUSSION DRAFT****
1 the date of the Director's decision, but may be renewed or extended upon application in
2 accordance with procedures in this section.
3 (F) In deciding whether to approve an application for approval of a Nutrient Credit Generating
4 Project, the Director shall consider, among all other relevant factors:
5 (1) The evidence provided in the application to support the factors identified in Section
6 3A•
7 (2) The calculation used to derive the credit quantity and credit ratios resulting from the
8 credit -generating project, including an explanation of methods used to address
9 uncertainty factors;
10 (3) The methods for ying the reliability of the implementation, performance, and
11 operation and maintenance of the credit -generating project ; and
12 (4) The experience and capacity of the persons who will be responsible for implementing
13 and verifying the credit -generating project .
14 (G) The Director's decision approving a Nutrient Credit Generating Project shall include written
15 findings re ag rding the factors identified in Section 3(A) and specify the conditions and
16 limitations that will apply to any use of the nutrient credits generated. At a minimum, the
17 conditions applicable to an Nutrient Credit Generating Project shall specify
18 (1) The watershed in which the credits generated by the Nutrient Credit Generating
19 Project may be used as an offset;
20 (2) The time period in which the credits generated by the Nutrient Credit Generating
21 Proiect may be used as an offset:
2
6368950.3
***PRELIMINARY DISCUSSION DRAFT****
1 (3) The method by which implementation, performance, and operation and maintenance
2 of the credit -generating project will be verified, and the identity of the person or entity
3 responsible for documenting the verification; and
4 (4) For projects generating credits by non -point source activity, a minimum credit ratio of
5 1.5:1 'projected nutrient reductions or savings to nutrient credits for the project, shall
6 be applied when calculating the credit quantity.
7 (H) Prior to taking final action on a request for approval of a Nutrient Credit Generating Project,
8 the Director shall cause public notice to be published within the watershed where the credit
9 will be generated in a newspaper of general circulation and on the Arkansas Department of
10 Environmental Quality's website. The public shall be allowed a period of not less than thirty
11 (30) calendar days in which to submit written comments. The decision to grant or deny
12 approval of a Nutrient Credit Generating Project shall include a written response to all issues
13 raised in comments submitted during the public comment period. A copy of the final decision
14 _rig or denying certification of a Nutrient Credit Generating Project shall be sent to the
15 applicant and each person who submitted written comments within the public comment period.
16 The Director's decision to grant or deny pproval of a Nutrient Credit Generating Project shall
17 be subject to the same review and appeal provisions as a final permitting decision under
18 Regulation No. 8.
19 (I) No Nutrient Credit Generating Project shall be approved by the Director unless the project,
20 activity, or discharge reduction involved in the project will reduce the nutrient load below the
21 applicable baseline requirements.
22 (1) For projects generating credits by point source pollution reduction, the baseline
23 requirements shall be the National Pollutant Discharge Elimination Systempermit
6368950.3
***PRELIMINARY DISCUSSION DRAFT****
1 limits for the point source in question or the wasteload allocation in any applicable
2 Total Maximum Daily Load, whichever is more stringent.
3 (2) For projects generating credits by non -point source activity, the baseline requirements
4 shall be the regulatory requirements applicable to the location where the project will
5 generate the credits.
6 (3) If the baseline requirements applicable to a Nutrient Credit Generating Project change
7 after the date the Project is approved, the amount of offset allowed from credits
8 generated by the Nutrient Credit Generating Project shall be reduced to conform to the
9 baseline requirements applicable at the time the nutrient credit is used.
10 (J) The fact that a non -point source projector a point source pollution reduction maybe supported
11 in part or entirely by government grants or other third -party financial funding shall not prevent
12 the project, activity, or pollution reduction from being eligible for approval as a Nutrient Credit
13 Generating Project, where such use is allowed by therg anting agency or third -party.
14 SECTION 4. RESPONSIBILITY FOR PERMIT COMPLIANCE.
15 (A)Credits generated by an gpproved Nutrient Credit Generating Project may be used as offsets
16 only when expressly authorized by the National Pollutant Discharge Elimination System
17 permit in question, or a modification of the that permit. In addition to all other permit
18 application or permit modification requirements, the application must include:
19 (1) Evidence that use of the nutrient credits as an offset will not result in an
20 unacceptable localized adverse effect on water quality;
21 (2) Evidence that use of the nutrient credits will not result in a net increase in
22 loading in the relevant watershed; and
6368950.3
***PRELIMINARY DISCUSSION DRAFT****
1 (3) Evidence that use of the nutrient credits as an offset will not have a
2 adverse impact upon a reservoir that is a drinking water supply source for an
3 existingpublicwater supply system as designated by the Arkansas Department of
4 Health.
5 (B) A National Pollutant Discharge Elimination System permittee that discharges into a watershed
6 identified on Appendix A as an existing drinking water reservoir designated in the Arkansas
7 Department of Health GIS Database shall not be allowed to use credits that have been
8 generated outside of the watershed of the reservoir as offsets against its permit limits for
9 nutrients.
10 (C) A permittee relying on nutrient credits to demonstrate compliance with its National Pollutant
11 Discharge Elimination System, permit limits retains full responsibility for achieving and
12 maintaining, permit compliance. If a Nutrient Credit Generating Project fails to meet the terms
13 and conditions of its approval as a source of nutrient credits, National Pollutant Discharge
14 Elimination System permit holders may not rely on credits generated by the project regardless _
15 of the fact that failure of the project may have been attributable to circumstances beyond the
16 reasonable control of the permit holder.
17 SECTION 5: EFFECTIVE DATE.
18 This regulation is effective ten (10) days after filing with the Secretary of State, the State
19 Library and the Bureau of Legislative Research.
7
6368950.3
uotati
UPCHURCH ELECTRICAL BR2/MAYS R ELECT on
2800 SOUTH ZERO ST
FORT SMITH AR 72901-8762
479-648-1276 Pay; 479-648-1503
QUOTE TO:
CITY OF FAYETTEVILLE
ATTN: ACCOUNTS PAYABLE
113 W MOUNTAIN STREET
FAYETTEVILLE, AR 72701-6083
NUMER . CU5TC fER
544
WRITER
Chris Gla
ORDER QTY''•
lea
lea
Tim Marr Quotation
sco
PWT N}.
530965
530965
DATE.-.1.::
gUQTE NURSER:
5/18
7FORTSMIU1,
S1890658
O:
PACEfo
ELECTRICAL HRZ/MAYER
H ZERO ST
AR 72901-3762
yy
y
479 643-1276 Fax 579-643-1503
SHIP TO:
CITY OF FAYETTEVILLE
ATTN: ACCOUNTS PAYABLE
113 W MOUNTAIN STREET
FAYETTEVILLE, AR 72701-6083
TERMS SHTP DATE
OT OUR -TRUCK INet 25th 06/27/18
Q! SCRJPTItNi Net Arc
LOT BILLING NET 10869.51/ea
lea -Schneider SE Advantage quote
#Q468568 as follows:
lEA-ATV630C22N4 Altivar630
drive,350hp Normal
Duty,Nema-1,w/keypad.
Sub Total-$10869.51ea
LOT BILLING NET
lea-MAPP0403D002 MTE Matrix AP
Adaptive Passive Harmonic
Filter.Panel Mount
480V.60HZ,403AMP rated w/
capacitor contactor included.
Sub Total-$7224.00ea
(Plus incoming freight)
TAXES NOT INCLUDED
* This is a quotation *
Prices are firm for 30 days and subject to
change without notice after 30 days.
Applicable taxes extra!
7224.00/ea
Subtotal
S&H CHGS
FREIGHT ALLDWd C:
No
-..Ext Prc
10869.51
7224.00
18093.51
0.00
Evans Enterprises, Inc. �����
2001 North 13th Street
Rogers, AR 72756
479-636-0721 - Phone =vu.s ENTERPRISES
479-636-8198 - Fax
%f-,Tf LOCATION ID
Visit us on the web at www.goevans.com
Quote Bill To:
OPERATION MGMT. INTERNATION
PO BOX 241329
DENVER, CO 80224
Quote Ship To:
TIM MARS
OPERATION MGMT. INTERNATION
1400 N FOX HUNTER ROAD
FAYETTEVILLE, AR 72701
PAGE 1
ROG80
QUOTE DATE 8/27/2018
QUOTE NO 9190
CUSTOMER ID 123820
CUSTOMER PO# QUOTE
Quotation Prepared By:
DUSTIN MADEWELL
EVANS ENTERPRISES, INC.
2001 NORTH 13TH STREET
ROGERS, AR 72756
479-636-0721 - PHONE
479-636-8198 - FAX
TRANSACTION NO TRANSACTION DATE
00030074 8/27/2018
Comments or Special Instructions:
This Quotation is Valid for 30 Days
--.....-----
AVAILABILITY FOB
TERMS
3-4 WEEKS ARO SHIPPING POINT PPA FREIGHT
Net 30 Days
QUANTITY EVANS ID DESCRIPTION
UNIT PRICE I
AMOUNT
1 NS-ROG CFW110477T4SZ
_
$17,280.00
$17,280.00
WEG VFD
350HP @ 477AMPS @ 460V
49h X 17w X 15d AND 287LBS
CURRENT STOCK AT THE FACTORY
#. NS-ROG LRW500G3N1
$2,811.00
$2,811.00.
WEG LINE/LOAD REACTOR
47h X 27w X 25d 165LBS
j NEMA 1 ENCLOSURE
��- NS-ROG CFW110211T4SN1Z
$8,850.00
$8,850.00
WEG VFD
150HP_@ 180AMPS @ 460V
27h X 14w X 15d -AN 150LBS
CURRENT STOCK AT THE FACTORY
1 NS-ROG LRW200G3N1
$741.00J
j
$741.00
WEG LINE/LOAD REACTOR
13h X 14w X 14d 79LBS
NEMA 1 ENCLOSURE
. .-�
TAXABLE SUBTOTAL
529,68�:(JO
TAX RATE
9.750
SALES TAX
$2,894.00
SHIPPING
$0.00
TOTAL
$h2 5.76.00
TOTAL DUE
$32,57
Based upon our Standard Terms and Conditions available at www.GoEvans.com/terms
We appreciate your business.
EVANS
ENTERPRISES
_V 1) BUSINESS
5.11 /f5ll
CH2M Hill OMI
1400 North Fox Hunter Road
Fayetteville, AR 72701
Phone: 620-255-4200
Fax:
Attention: JD Turley
Subject: KSB 58 HP Budgetary Repair
Quotation #: 0684192951TW
Please refer to this number when ordering
JD Turley:
JCI Industries, Inc.
2301 W. 20th Street
Joplin, MO 64804
Tel: 417-623-4544
Thursday, September 06, 2018
We are pleased to respond to your request for quotation with the following items. Please reference
our quotation number on all related correspondence. If you have any questions or need additional
information please give Jason Rector or myself a call.
Best regards,
Tristan Watson
Inside Sales
JCI Industries, Inc.
Jason Rector
Sales Engineer
JCI Industries, Inc.
Lj1ff//j
Quote #: 0684192951TW
1.00 Budgetary Repair of KSB KRTK250.40/606XNGS
Pump
The following work will be completed:
1. Clean, disassemble and inspect
2. Replace the following parts:
- Gaskets
- O -Rings
- Mechanical Seals
- Shaft Sleeve
- Bearings
3. Assemble, pressure test and paint
JCI Industries, Inc.
2301 W. 20th Street
Joplin, MO 64804
Tel: 417-623-4544
Thursday, September 06, 2018
$19,287.00
Terms & Conditions
Lead Time 6 Weeks After
Receiving Order
Payment Terms Net 30
Shipping Method Best Way
Shipping Terms Prepaid and Added to Invoice
F.O.B. Warehouse
This Quotation is valid for 30 days.
STANDARD TERMS OF SALE
JCI Industries, Inc.
2301 W. 20th Street
Joplin, MO 64804
Tel: 417-623-4544
1. Applicable Terms. These terms govern the purchase and sale of the equipment and related services, if any (collectively, "Equipment"), referred
to in Seller's purchase order, quotation, proposal or acknowledgment, as the case may be ("Seller's Documentation"). Whether these terms are
included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms. Seller rejects all additional
or different terms in any of Buyer's forms or documents.
2. Payment. Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation provides
otherwise, freight, storage, insurance and all taxes, duties or other governmental charges relating to the Equipment shall be paid by Buyer. If Seller is
required to pay any such charges, Buyer shall immediately reimburse Seller. All payments are due within 30 days after receipt of invoice. Buyer shall
be charged the lower of 1 Y2% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller's
reasonable costs (including attorneys' fees) of collecting amounts due but unpaid.
3. Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Seller's Documentation.
4. Ownership of Materials. All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other
documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's property. Seller grants
Buyer a non-exclusive, non -transferable license to use any such material solely for Buyer's use of the Equipment. Buyer shall not disclose any such
material to third parties without Seller's prior written consent.
5. Changes. Seller shall not implement any changes in the scope of work described in Seller's Documentation unless Buyer and Seller agree in
writing to the details of the change and any resulting price, schedule or other contractual modifications. This includes any changes necessitated by a
change in applicable law occurring after the effective date of any contract including these terms.
6. Warranty. Subject to the following sentence, Seller warrants to Buyer that the Equipment shall materially conform to the description in Seller's
Documentation and shall be free from defects in material and workmanship. The foregoing warranty shall not apply to any Equipment that is
specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (i) Seller hereby assigns to Buyer, to the extent
assignable, any warranties made to Seller and (ii) Seller shall have no other liability to Buyer under warranty, tort or any other legal theory. If Buyer
gives Seller prompt written notice of breach of this warranty within 18 months from delivery or 1 year from acceptance, whichever occurs first (the
"Warranty Period"), Seller shall, at its sole option and as Buyer's sole remedy, repair or replace the subject parts or refund the purchase price
therefor. If Seller determines that any claimed breach is not, in fact, covered by this warranty, Buyer shall pay Seller its then customary charges for
any repair or replacement made by Seller. Seller's warranty is conditioned on Buyer's (a) operating and maintaining the Equipment in accordance
with Seller's instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Seller.
Seller's warranty does not cover damage caused by chemical action or abrasive material, misuse or improper installation (unless installed by Seller).
THE WARRANTIES SET FORTH IN THIS SECTION ARE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO SECTION 10 BELOW. SELLER
MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR PURPOSE.
7. Indemnity. Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of
third party claims for personal injury, death or damage to tangible property, to the extent caused by Seller's negligence. Seller shall have the sole
authority to direct the defense of and settle any indemnified claim. Seller's indemnification is conditioned on Buyer (a) promptly, within the Warranty
Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim.
8. Force Majeure. Neither Seller nor Buyer shall have any liability for any breach (except for breach of payment obligations) caused by extreme
weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal
sources of supply, act of government or any other cause beyond such party's reasonable control.
9. Cancellation. If Buyer cancels or suspends its order for any reason other than Seller's breach, Buyer shall promptly pay Seller for work
performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such cancellation or suspension.
10. LIMITATION OF LIABILITY, NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANYTIME FROM THE SALE OR USE OF
THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS
BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
11. Miscellaneous. If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition
regulations that are required by law to be included. These terms, together with any quotation, purchase order or acknowledgement issued or signed
by the Seller, comprise the complete and exclusive statement of the agreement between the parties (the "Agreement") and supersede any terms
contained in Buyer's documents, unless separately signed by Seller. No part of the Agreement may be changed or cancelled except by a written
document signed by Seller and Buyer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the
Agreement. If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms
shall remain in full force and effect. Buyer may not assign or permit any other transfer of the Agreement without Seller's prior written consent. The
Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
12. Credit Approval: If at any time information available on Purchaser's financial condition or credit history, in JCI's judgment, does notjustify the
terms of payment specified herein, JCI may require full or partial payment in advance, or an acceptable for of payment guarantee such as a bank
letter of credit, or other modifications to terms of payment.
Backcharges: JCI shall not be liable for any charges incurred by Purchaser for work, repairs, replacements or alterations to the Products, without JCI's
prior written authorization, and any adverse consequences resulting from such unauthorized work shall be Purchaser's full responsibility.
561,193 -00 -Supplemental Agreement No. 2
Allgeier, Martin and Associates, Inc.
Date:
Whereas, the City of Fayetteville, Arkansas (owner) and Allgeier, Martin and Associates, Inc.
(Engineer) entered into an Agreement for Professional Engineering Services (Agreement) on
December 5, 2017 by City of Fayetteville Resolution 262-17; and, Resolution 143-18,
Supplemental Agreement no. 1 dated July 3, 2018.
Whereas, the City of Fayetteville has requested that the Engineer perform additional services
outside the scope of the Agreement.
Now therefore, the following modifications will be made to the Agreement to include the
additional services requested:
Modifications:
Section 2.1.1—the additional scope of services dated 08/30/2018 by Allgeier, Martin
and Associates, Inc. to add a second construction contract per attached four pages
Appendix A.
2. Section 5.1- the maximum not -to -exceed amount is increased $35,000.00 from
$526,193.00 to $561,193.00.
In witness whereof, the parties execute this Supplemental Agreement No. 2, to be effective on
the date executed by the Mayor, City of Fayetteville and as noted above.
Allgeier, Martin and Associates, Inc. City of Fayetteville, Arkansas
M
Mayor Lioneld Jordan
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX A — SCOPE OF SERVICES
This is Appendix A, consisting of four (4) pages, referred to in and part of the Agreement For
Professional Services between the CITY OF FAY TTEVILI_,E, ARKANSAS and ALLGEIER, MARTIN
AND ASSOCIATES, INC. dated913v 1-2'--e)L9
Initial:
CITY OF FAYETTEVILLE
r
ALLGEIER, MARTIN AND ASSOCIATES, INC. L
The following contains additional Scope of Services tasks:
A.1 General Scope
The work covered by this Amendment includes separating the original scope of work for the
Agreement into an additional part. This additional part includes a faster schedule on the design,
solicitation of bids for material and construction, contract procurement, inspection and
construction support of the 15kV electrical upgrades and their associated 480V equipment to the
Paul R. Noland Wastewater Treatment Plant (WWTP). This additional part will require one
additional construction contract.
A.2 Specific Scope of Services
ALLGEIER, MARTIN AND ASSOCIATES, INC. shall provide a suitable engineering staff to
obtain the necessary field information required to provide the following services:
A.2.1 Biddin
ALLGEIER, MARTIN AND ASSOCIATES, INC. shall prepare documentation and
specifications and solicit bids for the project to qualified electrical contractors. This shall
utilize one construction contract. ALLGEIER, MARTIN AND ASSOCIATES, INC. shall
review all bids and recommend the lowest bidder. The contract shall cover all of the l5kV
portions and their associated 480V equipment.
A.2.2 Contract Procurement
ALLGEIER, MARTIN AND ASSOCIATES, INC. shall review invoices from the successful
bidder and make recommendations for payment to the CITY OF FAYETTEVILLE, AR.
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A— 14 022403
Once construction is completed, ALLGEIER, MARTIN AND ASSOCIATES, INC. shall
perforin a closeout of the contract.
A.2.3 Construction Su ort
ALLGEIER, MARTIN AND ASSOCIATES, INC. shall provide construction support for the
duration of the construction phase. This includes phone calls, e-mails, meetings and field
visits.
A.3 Project Deliverables
The following shall be submitted to the CITY OF FAYETTEVILLE, AR.;
Drawings and as -built records of new equipment at the Paul R. Noland WWTP
Electrical schematics of new equipment at the Paul R. Noland WWTP
AA Compensation
In consideration of the performance of the foregoing services by ALLGEIER, MARTIN
AND ASSOCIATES, INC., the CITY OF FAYETTEVILLE, AR. shall pay to ALLGEIER,
MARTIN AND ASSOCIATES, INC. compensation as set forth in Section 5 of the
Agreement for Professional Engineering Services,
A.4.1 Attachments
A.4.1.1 Exhibit A - ALLGEIER, MARTIN AND ASSOCIATES, INC. Rate Schedule
A.4.1.2 Exhibit B — Estimates of Expenses
A.5 Schedule
ALLGEIER, MARTIN AND ASSOCIATES, INC. will begin immediately on this contract
procurement. AM shall prepare the contract and plans and specification documents for bid
solicitations. AM shall then forward these documents to the city for review. Once approved,
bid solicitation should take approximately eight weeks to complete.
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EXHIBIT A
ALLGEIER, MARTIN AND ASSOCIATES, INC. RATE SCHEDULE
2018-2019
LABOR RATES
Note: All pre -approved overtime hours shall be invoiced at 1 I/2 times the hourly billing rate shown above.
NON -LABOR RATES
Item
Travel
Subsistence
Lodging
Special Postage or Shipping
Printing
Surveying Materials
Subcontract Specialty Services
Rate
$0.54 per mile (or current IRS rate)
Actual Cost
Actual cost
Actual cost
,Actual cost
Actual cost
Cost + 10%
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A —16 022403
Hourly
Billing Rate
01/01/2018
01/01/2019
thru
thru '
Classification
12/31/201$
12/31/2019
Principal/Engineer IV
$195
$199
Principal/Engineer Ill
$180
$185
Principal/Engineer U
$150
$155
Principal/Engineer I
$140
$145
Designer III/GIS Specialist
$132
$136
Designer/Technician III
$112
$116
Designer/Technician II
$80
$85
Designer/Technician 1
$75
$80
Two -Man GPS Survey Crew
$185
$189
One -Man GPS Survey Crew
$145
$150
Three -Man Survey Crew
$201
$201
Two -Man Survey Crew
$160
$165
Registered Land Surveyor H
$170
$174
Registered Land Surveyor 1
$150
$155
Survey Crew Member
$76
$80
Right of Way Specialist
$116
$120
Project Representative III
$112
$116
Project Representative 11
$100
$105
Project Representative 1
$92
$96
Clerical
$70
$75
Print Specialist
$70
$75
Note: All pre -approved overtime hours shall be invoiced at 1 I/2 times the hourly billing rate shown above.
NON -LABOR RATES
Item
Travel
Subsistence
Lodging
Special Postage or Shipping
Printing
Surveying Materials
Subcontract Specialty Services
Rate
$0.54 per mile (or current IRS rate)
Actual Cost
Actual cost
Actual cost
,Actual cost
Actual cost
Cost + 10%
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A —16 022403
ESTIMATES OF EXPENSES
Paul R. Noland WWTP Electrical Upgrades
Engineer III 112 hrs.
$20,160
Technician 171 30 hrs.
$3,360
Clerical 147 hrs.
$10,290
Print Specialist 14 hrs.
$980
Non -Labor Costs
210
Subtotal Estimated Engineering Cost
$35,000
Total Cost for Engineering
$35,000
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