HomeMy WebLinkAboutRES.1907.08-04-2003 t
BILL NO. 03-133 RESOLUTION NO. ``�
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN ENGINEERING AGREEMENT WITH BOONE
CONSULTING FOR PHASE II , III AND IV OF THE
HIGHWAY W LAGOON CLOSURE IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI , AS FOLLOWS :
ARTICLE l . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Engineering Agreement with Boone Consulting for Phase II , III
and IV of the Highway W Lagoon Closure in the City of Cape
Girardeau, Missouri . A copy of said Agreement is attached to
this Resolution and made a part hereof .
PASSED AND ADOPTED THIS � DAY OF � �G�1�;-� , 20 "���.
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Jay B. nudtson, Mayor
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Gayle L:`� Conrad, City Clerk
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Proposal for Assisting
Th e City o,f' Cape Gi�a�deau
With Phase II, III and IV of the
Highway W Lagoon Closure
Prepared by:
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CoNw�ru�
BOONE CONSULTING
6513 Benz Road
Payson, IL 62360
217.656.3668
July 2003
Proposal for Assisting
The City of Cape Girardeau
With Phase II, III, and IV of the
Highway W Lagoon Closure
I. INTRODUCTION
This Proposal is a continuation from Phase I of assisting the City of Cape Girardeau in
completing its plan to set up, secure NIDNR approval, and conduct a lagoon closure of
Highway W lagoon system to meet all United States Environmental Protection Agency and
Missouri Department of Natural Resources regulations. Boone Consulting will set up and
oversee the closure of lagoons with biosolids to be left on site due to conditioning of the
biosolids with calcium in Phase I — Under the Additional Work clause. At the conclusion
of the closure operation, a Summary Report will be submitted for approval by the MDNR
so a letter of closure can be issued to the City of Cape Girardeau.
Phase I of the Proposal Agreement dated 8-19-02 between the City of Cape Girardeau and
Boone Consulting has been completed. The remainder of this document pertains to Phase
II, III, and IV.
II. TASK OUTLINE
A. PHASE II — CLOSURE PLAN & SURVEY of SITE
Task 1 —Write Closure Plan
Write the Closure Plan and submit a draft to the City of Cape Girardeau for review
before submittal to NIDNR.
There would be approximately 8 days of professional consulting time and 10 days
electronic publication time (EPT)needed in this area.
Task 2— Submittal of Closure Plan to MDNR
Submit Closure Plan to NIDNR and schedule a visit with MDNR where the City of
Cape Girardeau and Boone Consulting will visit to secure approval of the Closure
Plan.
There would be approximately 3 days of professional consulting time and 1 day
electronic publication time (EPT) needed in this area.
Task 3— Survey Lagoon Site for Closure
A site survey will determine volume of dirt needed to cut and fill the lagoon site to
assure proper drainage and sloping.
There would be approximately 10 days of professional consulting time and 3 days
electronic publication time (EPT)needed in this area.
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Highway W Lagoon Closure Page 2
Task 4—Bid Specifications
Write bid specifications, get City of Cape Girardeau approval, and submit them pre
approved to contractors for review and questions.
There would be approximately 6 days of professional consulting time and 6 days
electronic publication time (EPT) needed in this area.
Task 5—Meeting with Contractors and City at Site
Set up and oversee meeting between pre-approved contractors and City at lagoon site
and conference room to review specifications and answer questions and address any
needed or necessary changes.
There would be approximately 3 days of professional consulting time and 1 day
electronic publication time (EPT)needed in this area.
Task 6— Securing Contractor for Lagoon Closure—Physical Work
Receive and review bids from pre-approved contractors and let the City approve
successful contractor.
There would be approximately 3 days of professional consulting time and 1 day
electronic publication time (EPT) needed in this area.
Task 7—Meeting and Updates with City of Cape Girardeau
Calls, memos, meetings, review closure plan, bid specifications, site survey, approval,
MDNR approval, and contractor selection to end Phase II and begin Phase III.
There would be approximately 3 days of professional consulting time and 1 day
electronic publication time (EPT) needed in this area.
B. PHASE III — CLOSURE OF HIGHWAY W LAGOONS
Task 1 — Contractor Physical Closure Activities
Task Descri tion Price
1 Removal and disposal of approximately 1400 ft. of woven wire
fence alon with fence osts. Silt fence—erosion control
2 Removal and dis osal of decant structure from Cell 3.
3 Removal and disposal of 8" duct tile piping between Cell 1 and
Ce112, and from Ce112 to Ce113 total of 4 i es .
4 Concrete structures that hold duct tile piping in place need to be
removed and laced on stream bank south of la oon s stem.
Construct new fencing on north side of lagoon as well as install
5 a new metal gate that can be locked at the entrance of the
lagoon. Gate needs to be approximately 16 ft., fencing 120 ft.
Extend tube and ravel.
6 Crossing modifications and rock for equipment to traverse up
throu h draina e basin.
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� Digging up the inlet in Cell 1 and seal the inlet pipe with
concrete below rade.
Move 8,400 cu. yds. of dirt from levees and surrounding
8 acreage to level and grade the lagoon site in a manner for
adequate drainage and gentle sloping for ease of mowing the
la oon site.
Even distribution of 5520 cu. yds. semi-solid biosolids over the
9 lagoon site to then be incorporated or chiseled into the soil at a
de th of 0-12" with 2-3+ asses .
Two passes with finishing tillage equipment and mechanical
placement and incorporated seeding of the lagoon site (9 acres)
10 with a lagoon seed mixture as follows: 401bs. per acre of
Waterway Mix (combination of smooth brome grass, tall
fescue, erennial e& red clover .
11 Mulchin with straw of 9-acre site.
TOTAL: $117,000.00
Task 2— Overseeing Closure Operations
Will oversee Contractor's daily activities. Oversee mobilization, activities, task check-
off, safety, site security, questions, problems, direction, City directives/responses, site
elevations, and public relations.
There would be approximately 1 day of professional consulting time, 15 10-hour days of
on-site inspection time, and 1 day electronic publication time (EPT) needed in this area.
Task 3— Sign Off on Completion of Work
Final meeting to review task check-off and on-site review for City approval and sign-off
by City. Follow-up responsibilities with Contractor, billing, move out, and final check-
off for payment approval.
There would be approximately 2 days of professional consulting time and 1 day
electronic publication time (EPT) needed in this area.
C. PHASE IV— MDNR REPORTING
Task 1 —Preparation of Summary Report and Form S
Prepare summary report and Form S to meet NIDNR and EPA regulations concerning
lagoon closure.
There would be approximately 7 days of professional consulting time and 6 days
electronic publication time (EPT)needed in this area.
Task 2— Submittal of Summary Report
Submit City-approved summary report to MDNR and phone call to EPA. Boone
Consulting and the City will meet with NIDNR to present summary report.
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There would be approximately 3 days of professional consulting time and 1 day
electronic publication time (EPT)needed in this area.
Task 3— Sign Off on Project by MDNR
Answer questions, correspondence with MDNR personnel, and secure a final letter of
closure from NIDNR to the City to complete the project. (Closure complete.)
There would be approximately 1 day of professional consulting time and 0 days
electronic publication time (EPT)needed in this area.
III. TASK SUMMARY
On-Site
Task Consultant Inspection EPT
Phase II
1 -Write Closure Plan 8 7
2 - Submittal to NIDNR 3 1
3 - Survey Site 10 3
4 -Bid Specs 6 6
5 -Meet w/City& Contractors 3 1
6 - Secure Contract 3 1
7 - Meet & Update w/City 3 1
Phase III
2 - Oversee Closure 1 15 1
3 - Sign Off on Completion 2 1
Phase IV
1 -Prepare Summary Report 7 6
2 - Submit Summary Report 3 1
3 - Sign Off by NIDNR 1 0
Total Days 50 15 29
Total Hours 400 150 232
IV. PRICING
The price will be on a per-hour rate basis plus direct expenses with all necessary laboratory
analyses to be paid by the City of Cape Girardeau.
All work will be billed on a monthly basis as follows. (The following is an estimated price
based upon the number of hours shown in Section III, and direct expenses cover the items
associated with the work to be conducted in this Phase II, III & N Ageement. Direct
expenses include meals, mileage at $0.33, motel, printing of Management Outline, graphics,
maps, aerial photos, plat books, copying services, phone, biosolids testing and soil testing.)
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Labor:
Professional Personnel
400 hours @ $89.60 $35,840.00
On-Site Inspection 150 @ $50 7,500.00
EPT
256 hours @$58.80 15 052.80
Overhead/Labor/Profit $ 58,392.80
Per Diem Cost
42 days @ $120.00/day $ 5,040.00
Direct Fxpenses
APPROXIMATE TOTf1L PRICE $ 63,432.80
CONTRACTOR ESTIMATE 117,000.00
TOTAL P�CE $180,432.80
V. CHANGE in WORK
In the event that any change in work would be requested and approved by the City of Cape
Girardeau, Boone Consulting would require that a request for additional work be submitted
to them in writing by way of a letter. All work will be billed on a monthly basis as follows:
• Professional personnel @ $89.60/hour
• Electronic Processing Technical (EPT) @ $58.80/hour
• All direct expenses
VI. ADDITIONAL WORK
During the course of any project there may be unknown factors to which specific amounts
of time cannot be addressed. The City of Cape Girardeau may want to consider additional
work in the following azeas if the need arises:
• Public concerns
• Affected persons
• Re-sampling of lagoons
• The City's requests for additional work
• Zoning restrictions
• Site restoration changes
• Groundwater
• U. S. Corps of Engineers
• Regulatory changes
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In the event that any additional and/or change in work would be requested and approved by
the City of Cape Girardeau, Boone Consulting would require that a request for additional
work be submitted to them in writing by way of a letter. All work will be billed on a
monthly basis as follows:
• Professional personnel @ $89.60/hour
• Electronic processing technician(EPT) @ $58.80/hour
• All direct expenses
VII. PAYMENT TERMS
All payments are due the ne� pay period after the City receives a statement from Boone
Consulting not to exceed forty-five(45) days after receipt of the statement.
Performance of further work will not be required until a late payment is received. Any
delay in payments can, at the option of Boone Consulting, result in the termination of this
Letter of Agreement with the City of Cape Girardeau effective 10 business days following
its receipt. Termination under this paragraph would render the City of Cape Girardeau
expressly liable for all unpaid billings and any additional work, which remains unpaid at the
time of termination, and the costs incurred by Boone Consulting to collect any unpaid
billings including reasonable attorney fees incurred to collect the amount owed.
VIII. GENERAL PROVISIONS
A. Ownership of Documents
All documents, including tracings, drawings, reports, estimates, specifications, field notes,
investigations, studies, etc., as instruments of service, are to be the property of the City of
Cape Girardeau. Full access to the work during the progress of the work shall be available
to the City of Cape Girardeau.
B. Compliance with State and Other Laws
Boone Consulting Agrees that in performance of the services herein enumerated by the Firm
or by a subcontractor or anyone acting on behalf of either, that he or they will comply with
state, federal, and local statutes, ordinances and regulations.
C. Assignees
Neither the City of Cape Girardeau nor Boone Consulting shall assign, sublet, or transfer its
or his interest in this Proposal without the consent of the other.
D. Information and Services
The City of Cape Girardeau shall furnish Boone Consulting with the following:
1. NPDES permits
2. Property restrictions
3. Public information
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4. Background information
5. Possible contamination
6. All monitoring and management information
7. All record keeping information
E. Delays and Eztensions
The City of Cape Girardeau may agree to appropriate extensions in the case of unavoidable
delays, such as in the case of laboratory analysis, engineering reports, regulatory response,
or public opposition. Any such extensions or changes must be in writing by the City to
Boone Consulting.
F. Abandonment and Termination
The City of Cape Girardeau reserves the right to terminate or suspend this Agreement for
any reason with or without cause upon written notice mailed to Boone Consulting during the
term of this Agreement at any time.
If the City shall abandon the services herein mentioned, Boone Consulting shall deliver to
the City all data, reports, drawings, specifications and estimates, completed or partially
completed and these sha11 become the property of the City of Cape Girardeau. The City
shall pay to Boone Consulting the contract value of the work performed based on the hourly
rate stated herein, through the date of the mailing of the written notice to Boone Consulting.
Such payment shall be a final payment to Boone Consulting in full settlement of services
rendered hereunder.
G. Non-Discrimination
Boone Consulting and its subcontractor(s) if any, shall not discriminate against any
employee, or applicant for employment to be employed in the performance of work under
this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment
or any matter directly or indirectly related to employment because of race, color, religion,
sex, national origin, or ancestry. Breach of this covenant may be regarded as a material
breach of the Agreement.
IX. CONSULTANTS' LIMITATIONS of RESPONSIBILITIES
A. Boone Consulting is an agronomic and land application specialist firm. Consultants'
duties and responsibilities are only as stated in this Letter of Agreement.
B. Boone Consulting is not responsible for any waste material application mistakes or
other implementation made by any subcontractor, engineer, company or other
personnel.
C. Boone Consulting is not responsible for any waste statutory or regulatory violation
or problems of any type whenever discovered whether existing before or arising
after the date ofthis Agreement.
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D. The City of Cape Girardeau will be responsible for any attorney fees that might be
incurred by Boone Consulting pertaining to any part of this Agreement and its
implementation.
X. SUMMARY
To initiate this proposal agreement, BOONE CONSIJLTING requires that both parties sign
this Proposal Agreement. Upon receipt of this signed Letter, BOONE CONSULTING will
begin work as outlined, with frequent progress updates being made to Mr. Steve Cook.
This Agreement, made and entered into this �t{��. day of ` 2003, by and
between the City of Cape Girardeau, 401 Independence Street,� pe Girardeau, MO 63703
and BOONE CONSULTING, 6513 Benz Rd.,Payson, Illinois 62360.
BOONE CONSULTING THE CITY OF CAPE GIRARDEAU
By: r� ' By:
Anthony . ne, wner pouglas . Leslie, Interim City Mgr.
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