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HomeMy WebLinkAboutCityMgrForm.1465.07-18-1979CITY MANAGER FORM ORDINANCE NO. AN ORDINANCE APPROVING THE FORM OF AMENDMENT NO. 3 TO AN AGREEMENT WITH ALLGEIER, MARTIN & ASSOCIATES, FOR PROFESSIONAL SERVICES, AUTHORIZING THE MAYOR TO EXECUTE, AUTHORIZING THE PAYMENT OF A SUM OF MONEY WHEREAS, on September 5, 1973, the City of Cape Girardeau, Missouri and Allgeier, Martin & Associates, Consulting Engineers entered into a contract for engineering services for the wastewater treatment facility; and WHEREAS, said contract has been amended and need to be further amended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The "Amendment No. 3 to Agreement Between Owner and Engineer for Professional Services, copy attached hereto marked Exhibit "A", between the City of Cape Girardeau, Missouri and Allgeier, Martin & Associates, is approved as to form. SECTION 2. The Mayor of the City of Cape Girardeau, Missouri, is hereby authorized and directed to execute said Agreement, copy attached hereto marked Exhibit "A", for and on behalf of the City of Cape Girardeau, Missouri. SECTION 3. Payment of a sum of money is hereby authorized to be made by the City of Cape Girardeau, Missouri to Allgeier, Martin & Association in accordance with the terms and provisions of said agreement. SECTION 4. This ordinance shall be in full force and effect ten days after its passage and approval. 7 - PASSED AND APPROVED THIS DAY OF , 1979. ATTEST: .} 4 CITY CLERK lv � AMENDMENT NO. 3 TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES 1. GENERAL: It is hereby agreed by the parties hereto that the agreement between the City of Cape Girardeau, Missouri, hereinafter called the OWNER, and Allgeier, Martin & Associates, Consulting Engineers, dated September 5, 1973, and subsequent amendments thereto is further- amended as follows: 2. Paragraph 2 of Amendment No. 1 is revised to include operational assistance for adjustment and "fine tuning" of the treatment processes and related equipment functions to optimize performance and reliability under actual --operating conditions; on-site instruction to assure that the sampling and laboratory testing programs needed for satisfactory process control are fully understood; assistance in implementing the maintenance and records management systems outlined in the 0 & M manual; and revising the 0 & M manual based upon actual operating experience during the start- up period. 3. Paragraph 2 of Amendment No. 1 is further revised to provide that all start-up services shall be completed by August'31, 1979- 4. Paragraph 3 of Amendment No. 1 is revised to provide for payment to be made on the following basis: (a) For all services provided on the Operation & Maintenance Manual and plant start-up prior to the date of execution of this Amend- ment, payment shall be equal to the Engineer's actual cost plus a fixed fee of $2,500, not to exceed a total of $32,635. (b) For all services provided on plant start-up and revising the Operation & Maintenance Manual after the date of execution of this Amendment, payment shall be equal to the Engineer's actual cost plus a fixed fee of $850, not to exceed a total of $6,600. (c) Actual cost shall mean: (1) All direct labor costs for employees and principals engaged in work necessary to fulfill the terms of the Agreement. • (2) All direct non -salary costs incurred in fulfilling the terms of the Agreement. (3) All overhead or indirect costs to the extent properly ap- plicable p- plicable to the project. s In WITNESS WHEREOF, the parties hereto have affixed their hands and seals at Cape Girardeau, Missouri, this day of , 1979. ATTEST: OWNER: CITY OF CAPE GIRARDEAU, MISSOURI XJ City Clerk ENGINEER: ALLGEIER, MARTIN & ASSOCIATES, INC. S E A L - By C. C. Davidson, Vice President - 2 -