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HomeMy WebLinkAbout43-83 RESOLUTIONRESOLUT1ON NO A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH CH,M HILL IN ASSOCIATION WITH McCLELLAND CONSULTING ENGINEERS, INC. FOR AN AMENDMENT TO THE CITY'S 201 FACILITY PLAN. WHEREAS, the City has received proposals from Metcalf and Eddy, Inc. and CH2M Hill pursuant to the request for proposals attached hereto, marked Exhibit "A", and made a part hereof; and WHEREAS, the Fayetteville Board of Directors has applied the City's professional contract policy in reviewing said proposals; and WHEREAS, the Board of Directors has determined that the City should accept the'proposal of CH2M Hill dated March 18, 1983, as supplemented by letter dated March 22, 1983, which are incorporated herein by reference thereto. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby accepts the aforesaid proposal of CH2M Hill. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute a contract, approved by the City Attorney, incorporating the proposal of CH2M Hill for phase 1 as specified in the aforesaid request for proposals and as outlined at pages 4-5 through 4-7 of the aforesaid proposal by CH2M Hill. Said contract shall provide for payment of a fixed lump -sum fee in the amount of $77,000 to CH2M Hill for services rendered under phase 1. Said contract shall provide that the fee for engineering services to accomplish phase 2, as outlined as pages 4-7 through 4-9 of the aforesaid proposal, shall be subject to negotiation upon completion of phase 1, and shall provide that the City shall be under no obligation to utilize the services of CH2M Hill if a fee acceptable to the City is not agreed upon. t i letrel' AND APPROVED this 2//tday of ..x: • 1 • . .1--.••.. • • . wt., .';'t •4 '...... I'll will' "1°1: 1 II it - 4 1 • 0 It 1 • :it it.' f.' •. I, /1:•ii it..P .1 ' ."• lo It k 4 • tt 1 .c. ... ... .6 .. r ;t tz, .• • . . .. - il-: City 'Clerk APPROVED:. /224i-e,A 1 1983. Mayor ;-Ste ! 0 • • FloAr MirrrTIMINTILLM, .A.19.:ECA.NSAS CITY ENGINEER'S OFFICE P.O. DRAWER F Dr. Cliff Thompson CH2M Hill 807 South McDonough Street Montgomery, Alabama 36104 Dear Dr. Thompson: 72701 (5011521-7700 March 10, 1983 Attached you will find a request for proposals for the completion of Fayetteville Step -One Planning Process and for Step -Two, detailed Plans and Specifications. Your proposal should reach the office of the City Manager by 4 P.M. Friday, March 18, 1983. The proposal should include a schedule of qualifications relating to the specific work involved and a list of personnel expected to work on the project along with their individual qualifications. The proposals are scheduled to be presented to the Fayetteville Board of Directors at their regular meeting at 7:30 P.M. March 22, 1983. Oral presentation should be limited to fifteen minutes. A coin -flip will determine which engineering firm presents their presentation first. The other firm will be asked to leave the room and not view the proceedings in any way. Also attached you will find a copy of Fayetteville Professional Services Policy, the Board will use this policy only as a guide in the selection process. If you have any questions please contact me. DRB/skb Enc: Two (2) Donald R. Bunn City Engineer MCOMUWEI5 ,blYs • AGREEMENT FOR ENGINEERING SERVICES This Agreement executed as of March 22, 1983, between CH2M HILL Southeast, Inc., hereinafter called the "Engineer" and the City of Fayetteville, Arkansas, hereinafter called the "Owner." WHEREAS, the Owner has selected the Engineer to provide the professional services necessary to implement the wastewater program, utilizing the Owner's professional contract policy adopted April 21, 1981, for the selection of firms to provide professional services, and • WHEREAS, the purpose of this Agreement is to set out the terms and conditions under which the Engineer will provide the services described in Article 1. NOW, THEREFORE, in consideratiorporilie mutual covenants contained herein, the Engineer and the owner agree as follows: Article 1 An interim project has been developed to assist the existing treatment plant performance until the upgraded facilities are operable. These modifications are anticipated to provide the following benefits: 1. Provide sufficient oxygen transfer for nitrifica- tion of the wastewater during the summer period. 2. Improve electrical utilization efficiency to reduce power costs when nitrification does not Occur, 3. Provide proof to ADPC+E that Fayetteville will take all reasonable actions to assure that the existing plant performs as well as feasible during the interim period. 4. Provide the potential to utilize FY83 grant funds remaining at year-end thereby increasing the total grant money available to Fayetteville. The proposed improvements will not remove the hydraulic overload deficiencies existing at the plant that occur during periods of excessive I/I. The Engineer will provide the engineering services to design the necessary improvements, prepare a Step 111 grant application, and the necessary services to implement the project. More specifically the services to be provided include: ' 1. Evaluate 2 -speed slow -speed, fixed platform mechanical surface aerators commercially avail- able. Select the aerator that is found to be the most desirable for the ultimate plan, and report recommendations to the City. 2. Produce a contract document that will allow the purchase of these aerators by the City. Assist in advertisement/solicitation of bids, or in direct purchase of the equipment. 3. Prepare a,Step III grant application. 4. If bid, mend to 5. Develop ments. receive bids, select aerators, and recom- city. Assist with equipment purchase. Immediate Modifications Contract Docu- A. Using specific design information from the selected aerator, design aerator support system. This will include an evaluation of the existing aerator supports as to: Ability to be utilized for new 100 hp units; .and o Ability to be utilized for new 400 hp units as a part of the ultimate plan. If existing support system is not adequate for 100 hp units, then new support systems will be designed. Geotechnical assistance will be necessary if a new support system is required and must be supported from outside of the basins to keep the plant in service. B. Interim electrical requirements will be evaluated and necessary temporary needs will be designed. If possible, power will be obtained from existing main transformer and routed through temporary conduits to existing aeration basin area. Motor control centers (with starters) will be temporarily located adjacent to aeration basins, and will be relocated to a permanent location as part of the ultimate program plan. If FY 1983 grant money is not available, the Owner will request that the early implementation cost of these facil- ities be considered grant eligible for future funding, The Engineer will'not recommend implementing these improvements in the remote case where the project was neither funded out of FY83 money nor deemed grant eligible for future funding. Article 2 Compensation to the Engineer for the services provided will be on the basis of payroll cost plus 125% plus direct project expenses with a 5% mark-up on services provided by the Engineer's subconsultant, McClelland Consulting Engi- neers. The maximum billable cost is $48,000, which can not be exceeded without the Owner's written authorization. Article 3 Payment to the Engineer for services provided as prescribed in Article 2 is to be made within thirty (30) days after the date on which Owner receives Engineer's bill. Article 4 4.1 The Owner shall designate a representative to direct and coordinate the Engineer's efforts who will be the only source of instructions to the Engineer and who shall have the authority to interpret the Owner's policy as necessary to maintain the Engineer's work schedule, administer the Agreement, and certify the Engineer's payment request. 4.2 The Owner shall make available to the Engineer all technical data in the Owner's possession, including maps, surveys, borings, and other information required by the Engineer and relating to his work. 4.3 The estimates'of cost for the Projects provided for herein are to be prepared by the Engineer through exercise of his experience and judgment in applying presently available cost data, but it is recognized that the Engineer has no control over cost of labor and materials, or over competitive bidding procedures and market conditions, so that he cannot warrant that the project construction costs will not vary from his cost estimates. 4.4 That, in soils investigation work and in determining subsurface conditions for the Project, the characteris- tics may vary greatly between successive test points and sample intervals. The Engineer will perform this work in accordance with generally accepted soils express or implied, as to the professional advice provided under the terms of this Agreement. 4.5 That, if payment of the amounts due as prescribed in Article 2, or any portion thereof, is not made within the period specified in Article 3, interest on the unpaid balance thereof will accrue at the rate of twelve (12%) percent per annum and become due and payable at the time said overdue payments are made. 4 6 The Engineer shall maintain a level of competency presently maintained by other practicing professional engineers in the same type of work in the southeastern United States, for the professional and technical soundness and accuracy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. 4.7 Either party may terminate this Agreement any time by a notice in writing to the other party. If the Agreement is terminated as provided herein, the Engineer will be paid an amount commensurate with the work performed through the date of termination; however the payment made shall not exceed the reasonable value of the services provided as related to the total services described in Article 1. 4.8 •That, the Engineer's Salary Overheads are defined as a percentage of wages or salaries of employees working and premiums measured by or applicable at the time of performance to such wages or salaries, such as, but not limited to, Worker's Compensation Insurance, Social Security, State and Federal unemployment insurance, medical -hospital insurance, salary continuation insur- ance, pension plan costs, and pro rata allowances for vacation, sick pay, and holiday pay. Direct Salary plus Salary Overhead is defined as Payroll Cost. 4.9 The Owner may, from time to time, request changes in the scope of the services of the Engineer to be per- formed hereunder. Such changes, including any increase or decrease in the amount of the Engineer's compen- sation, which are mutually agreed upon by and between the Owner and the Engineer, shall be incorporated in written amendments to this Agreement. 4.10 That, all claims, counter -claims, disputes and other matters in question between the Owner and the Engineer arising out of or relating to this Agreement or in the breach thereof will be decided by arbitration only if both parties hereto specifically agree to the use of 1;••• arbitration in regard to the individual matter in dispute. 4.11 In the event of any legal or other controversy re- quiring the services of the Engineer in providing expert testimony in connection with the Project, and, except.suits or claims by third parties against the Owner arising out of errors or omissions of the Engi- neer, the Owner shall pay the Engineer for services rendered in regard to such legal or other controversy, including costs of preparation for the controversy, on a basis to be negotiated. 4.12 This Agreement is to be binding on the heirs, succes- sors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. Article 5 IN WITNESS WHEREOF, the parties hereto subscribe this Agreement in triplicate. DATED this (VAdday of , 1983. CITY aJa AYET,TE77 A KANSAS Mayor ATTEST: By: CH2M HILL SOUTHEAST, INC, By: Title: Greze-67-0.„4->" Title: JO/COT/046 2.03 REQUEST FOR PROPOSALS Background On August 13, 1982, the City of Fayetteville completed a Step 1 Facility Plan. The Facility Plan as submitted proposed the "split flow" option. The Fayetteville City Board has now decided to construct the necessary facilities to allow the continued full flow discharge to the White River basin rather than the alternative set out in the Facility Plan. Consequently, a treatment system must be selected to meet the required effluent limitations, and the existing Facility Plan and related documents must be amended. Additlonally, as soon as the Facility Plan has been amended and approved, the City desires to move immediately into detailed design and preparation of construction plans and specifications. Your firm is hereby invited to submit a proposal to perform engi- neering services in accordance with the scope of the work. Scope of Work The scope of the work shall be divided into two phases. Phase I shall include all necessary services to fully explore and evaluate the alternative treatment systems that are capable of achieving effluent limits equal to, or better than, 5 mg/1 BOD, 5 mg/1 suspended solids, 2 mg/1 ammonia nitrogen and 1 mg/1 phosporous on a year round basis. The engineers shall then consult with the Department of Pollution Control and Ecology, the State Health Department, the Environmental Protection Agency, the City and Beaver Water District and recommend to the City the one treatment they feel best meets the needs of the City and Northwest Arkansas. The Facility Plan and related documents, including the Environmental Information Document, must be amended as needed to incorporate additional data as developed and to outline the selected treatment system. The engineer shall coordinate the arrangements for any necessary or required public meetings and/or hearings. 2.04 All work under Phase I shall be completed and all documents shall be ready to be 411 submitted to the State for approval within 90 days after the issuance of a Notice to Proceed. Phase II shall include detailed design and the preparation of planS. and specifications for accomplishing all work approved for construction as set out in the amended Facility Plan. All plans and specifications, including necessary bidding and contract documents, shall be complete and ready for submittal to the regulatory agencies not later than April 30, 1984. Proposals shall describe in detail the approach that you propose to take to assist the City in solving its wastewater treatment problems. • • Fee Basis The proposed fee shall be broken down by phase. The fee for Phase I shall be a fixed lump sum. At the beginning of Phase II a not -to -exceed fee shall be negotiated, and this amount shall not exceed the fees reflected in Table 2 of the Federal Register, Volume 47, No. 92, May 12, 1982. If agreement cannot be reached the City reserves the right to contract with another firm for Phase.II. For illustration purposes please include in your proposal (1) the hourly rate for various personnel involved in the work; (2) the multiplier figure used to determine overhead; and (3) the percentage figure used to calculate profit, and, using this data, please answer the items below: Assuming a standard A-0, A.W.T. plant is designed for location present plant site to achieve 5,5,2,1 effluent limits, what do estimate your engineering fees would be for the following: A plant with construction costs of $20,000,000. Estimated engineering fee - $ A plant with construction costs of $25,000,000. Estimated engineering fee - $ at the you • • 2.05 Page 3 A plant with construction costs of $30,000,000. Estimated engineering fee - $ Twenty sets of proposals shall be submitted so they reach the office of the City Manager not later than 4:00 p.m., Friday, March 18, 1983. The City Board of Directors shall serve as the selection committee. The fee proposals shall be submitted in person to the Mayor in a separate sealed envelope at 7:30 p.m. on the evening of March 22, 1983. However, the fee proposals will not be opened until •a tentative selection of the engineering firm has been made based upon criteria other than fees. The City Board reserves the right to contract with the preferred firm even though SI their proposed fees may not be the lowest. 2.06 CITY OF FAYETTEVILLE PROFESSIONAL CONTRACT.POLICY (Adopted April 21, 1981) The following are the guidelines to be followed in obtaining -all professional contracts over 55,000 (see note 1) for the City cf Faye:teville excluding Community Development. The City Board may waive submission of proposals under this policy by a majority vote. 1. Scooe of Work • The staff shall develop or procure professional help to develop the scope of the project. The scope will be developed in such a manner :hat proposals for the project may be requested from professional oreanizations. If the City staff must procure professional help to develop the.scope, the involved City Department Head(s) and City Manager shall choose the most advantageous professional firm after receiving rate quotations and negotiations of the price. Contract will then be revieweO by the City Attorney and Finance Director and recommended to the Board. 2. Proposals Proposals shall be solicited from an adequate number of qualified sources to permit reasonable competition. Proposals will be made only on the scope developed and shall include the following: . A. Qualifications in Relation to Specific Project- o be Performed - Information reflecting qualifications of trie firm. • inoicate specialized experience and technical competence. of the firm in connection with the/type and complexity ofthe service required. Subcontractors, if used, must be listed with information on their organization. B. Experience. Competence, and CaPacitv for Performa%e - Information reflecting tne names, titles, and qualifications kincluding experience and technical competence) of the major personnel assigned to this specific project. - Provide detailed preaktown o f subcontractor's staff to be used and how they are to be used to supplement'your staff. C. Proposed Method of Doina Work - A proposed work. plan (description o f now Erie project would oe conducted as well as other facts concerning approach to scope you wish to present) indicating methods and schedules for accomplishing each phase of the work. Include hitt this the amount of work presently unberway. D. Past Performance - Previous evaluations (asset forth in numoer 5) snati De consiaered a significant factor. Ifprevious evaluations w ith this City are not available, the professional firr.'s cast performance records with City and others will quality of work, timely performance, ailicencn, a:H:ty to rept past buccets, and any other pertinent information. •(Lase.- infe=a:ion la be used only until evaluation system has hat time :2 be oevviored.) Firm will provide list of similar jobs Derformmo ana onrson wno:ia we can contact for information. 2.07 3. Proposal Evaluation and Necotiation Proposal evaluation and negotiation shall consist of three steps: STEP A - Selection of tcio oualifyind firrs: Descriotion Maximum Points A. Qualifications in relation to specific project to be performed 25 B. Experience, competence, and capacity for performance 20 C. Proposed method of doino work 20 D. Past Performance 10 Bub -total points 75 Proposals will be reviewed by the selection committee using the -above selection criteria. Each member of the committee will assign points to each criteria based on the content of the proposal. The three firms receiving the highest accumulated sub -total points, as .rated bY the selection committee, will move on to step B. All other firms submitting proposals will be notified in writing and thanked for their interest in the project. STEP 8 - Selection of the top rated firm: The three firms receiving the highest accumulated sub -total points will be asked for the following information: Description Maximum Points E. Price - Total estimated price of your professional services for this project. The total estimated price must be reasonably accurate. Also, maximum cost for "maximum not to exceed" clause and additional service rates. information shall be given. 25 Total points 100 The selection committee will rate this criteria (as in Step A above) awarding up to a maximum of 25 points. These points will be compined with the assigned points in Steo A to arrive at "Total Poibs" (maximum of 100). The firm receivinc the nicnest accuulated fl:otal points' will move into Step C. ST7? - 1oc:1-iation Theselection committee will nn necbtintn to achieve.:ne m:st anv7.ntacnous contract City ctr:in: with tne seinrtod firm (fl-rm with the hinhnst accu:1:tilate: "total coints" from Step N. 2_08 If, after reasonable effort, a contract cannot be net:tie:ad within available funds, the necotiations Oth_tho selected firm shall be terminated. ine firm will be requested to submit in writing a cast and final offer and the selection committee will move nectiations • to the next highest accumalated "total points" firm. This will continue until a mutually satisfactory contract is achieved. At - this time the other two firms from Step B will be notified in writing and thanked for their interest in the project. The selection committee's membership will consist of the City' Manager (or representative), tne Finance Director, the involved department heads, any board members wishingto serve, and any other cersons not involved in any way with any organizations 'submitting prcoosals (who are appointed by the Board). The selection committee mempershio may be changed by the Board of Directors. - 4. Contract Award and Details: The selection committee will recommend, after net:tie:ions and review by the City Attorney and Finance Director, the mos: advanzaceous contract to the Board for awarding: If the Scope of the project is substantially chanped, a new proposal will be solicited before any additional work is performed. The "maximum not to.exceed clause" will.then be amenced on tne :ontracz a7ter approval by the Board. 5. Professional Project EvaliPtions: .. Upon completion'or termination of a. contract, the department head responsible for the project will submit a suMnary evaulation of the pro- fessional firm's handling of the prOjbct to :include the following data: (a) name of professional firm (b) date of contract and date of completion (c) cost as stated in initial.contract, amount paid, and reasOn for any difference (d) special strengths exhibited by professional firm (e) problems or weaknesses in professional firm's handlinc of the project (f) adherence to time schedule by the professional firm (g) names -if key personnel working on the project and comments on their adequacy The summary evaluation will be submitted- to the City7-lanaper for review and comments and tnen filed in the City Clerk's records. A c:py will Pe sent to the professional firm. Written comments received from zne professional firm regarding the evaluation will be filed in the City Clerk's 2.09 NOTE 1: Minor contracts, $5,000 and below, shall have the involved Department Head and City Manager choose the most advantaceous oroanization after receiving price quotations and negotiations of the price. Contract will then be reviewed by City Attorney and. Finance Director and recommended to the Board.