Res 1322 - Pay Cons WWTP Fac
COUNCIL BILL NO. 1668
RESOLUTION NO. 1322
A RESOLUTION AUTHORIZING PAYMENT TO CONSULTANT FOR ADDITIONAL WORK
PERFORMED ON WASTEWATER FACILITIES PLANNING.
WHEREAS, in October, 1990, the city council approved an agreement with CH2M
Hill, an environmental engineering consulting firm, to perform engineering services for
preparation of a wastewater facilities plan that was required to be done because of the
Department of Environmental Quality's (DEQ's) stipulated final order, and
WHEREAS, as a part of the facilities planning process, the consultant started fast
paced work and completed work up to the big picture alternatives and held a public hearing
in front of the city council on May 6, 1991, and
WHEREAS, the process was delayed due to a lack of decision by the Department
of Environmental Quality on total mass loading on the Pudding River and also, to some
degree, it was affected by the city's decision to expand public involvement on this
important project by appOinting a wastewater advisory committee to review and evaluate
the entire facilities planning project from the public's perspective, and
WHEREAS, the evaluation process included introduction and appraisal of new issues
such as Sidestream Elevated Pool Aeration (SEPA), all of the additional meetings with the
advisory committee, some extra meetings with DEQ, and restart of the process from
projected growth, evaluation of SEPA, evaluation of poplar tree plantation as a second
irrigation option, re-evaluation of the big picture alternative that included an open house for
public input on June 6, 1994, followed by a public hearing on November 15, 1994 similar
in substance to the one held on May 6, 1991, but at a higher standard because of
Wastewater Advisory Committee and public input from the initial stage, and
WHEREAS, the consultant continued to perform additional work in a professional
manner although the scope of work had increased, and it took approximately five years to
complete the tasks rather than two and one-half years as it was originally estimated, and
WHEREAS, the city understands that additional work required to be done by the
consultant has been of benefit to the community and it has provided the city a superior plan
that was forwarded to DEQ after a public hearing on July 12, 1995, and
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COUNCIL BILL NO. 1668
RESOLUTION NO. 1322
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WHEREAS, the city and consultant have reached a good faith understanding to
divide this extra cost in half and both parties have agreed to absorb this one-half cost with
no additional obligation to either party,
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Woodburn City Council authorizes the city engineer, on behalf of the
city, to pay CH2M Hill the sum of $32,500.00 as full compensation for the additional work
performed by CH2M Hill on wastewater facilities planning.
Section 2. Payment, under the terms of this resolution, shall not be construed as
an admission of legal liability of the city for the additional work performed.
Section 3. Payment to CH2M Hill shall be contingent and conditioned upon CH2M
Hill executing a written release, relieving the city of any further legal obligation for
additional wastewater facilities planning work.
Approved as to form:Lf1 ~ ~
City Attorney Date
APPROVED: ~
Nancy Ki
Passed by the Council
September 11, 1995
Submitted to the Mayor
September 12, 1995
September 12, 1995
Approved by the Mayor
Filed in the Office of the Recorder
September 12, 1995
ATTEST:
fY1 .~
Mary T~nt, City Recorder
City of Woodburn, Oregon
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COUNCIL BILL NO. 1668
RESOLUTION NO. 1322
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