HomeMy WebLinkAbout84-83 RESOLUTION•
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RESOLUTION N0. Silt -23
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT WITH CH94 HILL SOUTHEAST, INC.
FOR WASTE WATER ENGINEERING SERVICES.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute an agreement with CH2M Hill Southeast, Inc.
for waste water engineering services. A copy of the contract
authorized for execution hereby is attached hereto, marked
Exhibit "A", and made a part hereof.
.w.,, PASSED AND APPROVED this 'i day of July, 1983.
o
,:
COUOI
"ATTEST:
By:
APPROVED:
By:
4 r
Mayor
?di -Lee&
AGREEMENT TO FURNISH WASTEWATER ENGINEERING
SERVICES TO THE CITY OF ?AYETTEVILLE, ARKANSAS
Basic Agreement
This Agreement made this AO day of
between the firm of CH2M HILL Southeast, Inc.() heMinafter
referred to as the ENGINEER, and the City of Fayetteville,
Arkansas, hereinafter referred to as the OWNER, wherein the
ENGINEER agrees to provide certain engineering services as
defined in Article 1 and for the consideration defined in
Article 2 herein.
ARTICLE 1
The OWNER, utilizing the Professional Contract Policy
(adopted April 21, 1981) for the selection of firms to
provide professional services, has selected the ENGINEER to
provide the necessary services to implement a wastewater
program to serve the City of Fayetteville. These services,
when requested by the OWNER, will be described in specific
Task Orders which become a part of this Agreement upon
execution. The ENGINEER agrees to perform the services
described in the Task Orders after execution by both parties
to the agreement.
The services provided by the ENGINEER are anticipated to
include Design Services (Task Order 1), Services during
Construction (Task Order 2), and Plant Operation and
Maintenance Services (Task Order 3). The ENGINEER
guarantees that the treatment facilities to be designed and
constructed, will consistently meet the applicable NPDES
permit limits for a period of two years following plant
start-up, provided Services during Construction (Task Order
2) and Plant Operation and Maintenance Services (Task Order
3) are provided to the OWNER by the ENGINEER. Services to
be provided under Task Order 2 shall include but shall not
be limited to:
1) Preparation of a Plan of Operation
2) Bid advertising and sale of plans and
specifications at the Engineer's cost
3) Pre bid conference assistance and follow-up
4) Bid evaluation/recommendation
5) Pre -construction meeting assistance
6) Shop drawing submitted review
7) COE/Regulatory coordination
8) Resident and field engineering services
9) Preparation of record drawings
10) Grant administration submittal
c
11) Preparation of Operation and Maintenance manual
12) Operation certification
The ENGINEER agrees to provide a draft of Task Order 3 to
the OWNER within 60 days following execution of Task Order 1
and to make every effort to conclude final negotiations
within 30 additional days. Task Order 3 will detail
provisions of the plant operation, guarantee, penalties,
compensation, and other provisions relative to this service.
ARTICLE 2
The compensation for services to be provided will be
negotiated will be specified in each Task Order.
ARTICLE 3
Payment to the ENGINEER for services provided as described
in Article 1 is to be made within 15 days after date of
billing, the amount due will be for services rendered during
the previous month, unless prescribed differently in the
Task Order.
ARTICLE 4
It is further mutually agreed by the parties hereto:
4.1 That the OWNER will 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 That 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 That, the estimates of cost for the Projects provided
for herein are to be prepared by the ENGINEER through
exercise of his experience and judgement in applying
presently available cost data, but it is recognized
that the ENGINEER has no control over cost of labor and
materials conditions, so that he cannot warrant that
the project construction costs will not vary from his
cost estimates.
4.4 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
insurance, pension plan costs, and pro rata allowances
for vacation, sick pay, and holiday pay. — Direct Salary
plus Salary Overhead is defined as Payroll Cost.
4.5 That, the ENGINEER's direct expenses are defined as the
costs incurred on or directly for the Project, other
than the Salary and General Overhead Costs (as defined
hereinbefore). Such direct expenses shall be computed
on the basis of actual purchase price for items
obtained from commercial sources and on the basis of
usual commercial charges for items provided by the
ENGINEER. Direct expenses shall include, but not be
limited to, necessary transportation costs, including
mileage at the ENGINEER's current rate per mile when
the ENGINEER's own automobiles are used, meals, and
lodging, laboratory tests and analyses, computer
services, word processing services, telephone,
printing, binding, and multilith charges.
4.6 That, in soils investigation work and in determining
subsurface conditions for the Project, the
characteristics may vary greatly between successive
test points and sample intervals. The ENGINEER will
perform this work in accordance with generally accepted
soils engineering practices and makes no other
warranties, expressed or implied, as to the
professional advice provided under the terms of this
Agreement.
4.7 That, if payment of the amount 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 accure at the rate of 12
percent per annum and become due and payable at the
time said overdue payments are made.
4.8 That, 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.
4.9 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 for services actually performed; the amount of
said payment shall bear the same ratio to the total
compensation specified in the executed task orders as
the services actually performed bear to the total
services of the Engineer covered by the executed task
orders, less payments of compensation previously made.
4.10 The OWNER may, from time to time, request changes in
the scope of the services of the ENGINEER to be
performed hereunder. Such changes, including any
increase or decrease in the amount of the ENGINEER;s
compensation, which are mutually agreed upon by and
between the OWNER and the ENGINEER, shall be
incorporated in written amendments to this Agreement.
4.11 That, the OWNER, shall pay for all costs of publishing
advertisements for bids and for obtaining permits and
licenses that may be required by local, State, or
Federal authorities and shall secure the necessary
land, easements and rights-of-way as described by the
ENGINEER.
4.12 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
arbitration in regard to the individual matter in
dispute.
4.13 That, in the event of any legal or other controversy
requiring. the services of the ENGINEER in providing
expert testimony in connection with the Project, except
suits or claims by third parties against the OWNER
arising out of errors or omissions of the ENGINEER, the
OWNER shall pay the ENGINEER for services rendered in
regard to such legal or other controversy, on a basis
to be negotiated.
That, the OWNER will pay the ENGINEER for labor and
expenses incurred in satisfying the requirements and
assisting in any audit required by the OWNER, the
United States Environmental Protection Agency, the
Comptroller General, the United States Department of
Labor, the State Regulatory Agency or any of their duly
authorized representatives. The basis of payment will
be specified in an Amendment to this Agreement.
4.14 That, visits to the construction site and observations
made by the ENGINEER as part of his services shall not
relieve the construction contractor(s) of his
obligation to conduct comprehensive inspections of the
work sufficient to ensure conformance with the intent
•
of the Contract Documents, and shall not relieve the
construction dontractor(s) of his full responsibility
for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating
and completing all portions of the work under the
construction contract(s) and for all safety precautions
incidental thereto. Such visits by the ENGINEER are
not to be construed as part of the inspection duties of
the on-site inspection personnel defined in other parts
of this AGREEMENT.
4.15 That, the ENGINEER shall provide on-site inspection
personnel and will make reasonable efforts to guard the
OWNER against defects and deficiencies in the work of
the contractor(s) and to help determine if the
construction contract has been fulfilled. Their
day-to-day inspection will not, however, cause the
ENGINEER to be responsible for those duties and
responsibilities which belong to the construction
contractor(s) and which include, but are not limited
to, full responsibility for the techniques and
sequences of construction and the safety precautions
incidental thereto, and for performing the construction
work in accordance with the Contract Documents.
4.16 That the ENGINEER has the right to subcontract services
however the OWNER has the right to reject
Subcontractors who perform work on the project in
excess of $50,000.
4.17 All documents including drawings, specifications,
estimates, field notes and other data pertaining to the
work or to the project shall become the property of the
OWNER. The OWNER shall not be restricted in the
subsequent use of the design, design documents or ideas
incorporated in the work. However, the ENGINEER shall
bear no responsibility for such reuse of the design
unless specifically agreed to in writing.
4.18 That, this Agreement is to be binding on the heirs,
successors, 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 each herewith
subscribe the same in triplicate.
`ATTEST:
• i
FOR T �CITTY F FAYETTEVILLE,,ARKANSAS
By: ( Call / � "Gv
(Name) (Title)
2 ,g)14(,.,-_
ATTEST:
169.4144,601,
7h/CGT/032
FOR CH2M HILL SOUTHEAST, INC.///
(Title)
By
Dated this day of
1983
TASK ORDER NUMBER 1
DETAIL DESIGN OF 201 FACILITY PLAN
RECOMMENDED IMPROVEMENT
This Task Order amends Articles 1, 2, and 5 of the Basic
Agreement executed between CH2M HILL Southeast,
Inc., (ENGINEER) and the City of Fayettville, Arkansas
(OWNER) on the or"- day of P , 1983.
ARTICLE 1
On March 22, 1983, the ENGINEER presented to the OWNER a
detailed cost and technical proposal for engineer services.
Since the proposal, the ENGINEER has amended the 201
Facility Plan and has submitted the amended plan to the
appropriate agencies for review. Agency approval is ,
anticipated to require several months, however, only minor
modifications to the proposed facilities are anticipated.
This is the basis for the Scope of Services described
herein.
A summary description of the facilities to be designed is
shown in Table 6-7 and 6-8 of the June, 1983, 201 Facility
Plan which plan is incorporated herein by reference thereto
and made a part thereof. The sewer rehabilitation program
described in the Facility Plan is not included in this work.
The objectives of these services are to provide plans and
specifications of the facilities to allow competitive
bidding and to allow the submittal of a complete Step III
grant application. Specific services include:
1. Develop a predesign which will be the final basis
of design.
2. Provide value engineering to meet state and
federal requirement.
3. Complete the design of plans and preparation of
specifications. The number of projects to be bid
will be determined by the ENGINEER in the
predesign effort.
4. Provide necessary topographic and boundary surveys
and necessary easement descriptions.
5. Provide necessary geotechnical studies.
Prepare Step III grant application; and, prepare
and process all paper work required for said grant
application.
7 Provide five (5) sets of the final plans and
specifications.
All of the above services shall be completed on or before
May 1, 1984. Time is expressly made of the essence of this
Agreement.
ARTICLE 2
The total compensation for services to be provided in
Article 1 is to be a lump sum in the amount of $1,550,000.
ARTICLE 3
Payment to the ENGINEER for services as described in Article
1 is to be made within 15 days after date of billing. Prior
to the initial billing, the ENGINEER will provide the OWNER
with a budget for each of the seven (7) items described in
Article 1 and each billing will be for an amount which bears
the same ratio to the total compensation for each item as
the services actually performed bear to the total services
to be performed for each item.
ARTICLE 5
IN WITNESS WHEREOF, the parties hereto each herewith
subscribe the same in triplicate.
ATTEST:
•
7TEVILLEARKANSAS
(Title)
FOR CH2M HILL SOUTHEAST, INC.
ATTEST:
)h/CGT/032
Glege (Title)
Dated this day of )tib , 1.983
-MICROFILMED
TASK ORDER NUMBER 5
ENGINEERING SERVICES - ELECTRICAL REDESIGN
Task Order Number 5 amends the Basic Agreement executed be-
tween CH2M HILL Southeast, Inc. (Engineer), and'the City of
Fayetteville, Arkansas (Owner), on the 20th day of July
1983.
ARTICLE 1
The scope of work for this Task Order is:'
The Engineer will redesign the electrical service to
the treatment plant and the sludge management site per
a proposal from the Contractor from Ozarks Electric
Cooperative. The net effect of the change is an over-
all decrease in project cost to the City.
ARTICLE 2
As consideration for providing the services enumerated in
Article 1 above, the Owner shall pay the Engineer on the
basis of raw labor plus 163% for overhead plus 15% for prof-
it plus all project related direct expenses. Subcontractor
costs will be marked up 5%. The cost shall not exceed
$2,775 unless an increase is authorized by the City in writ-
ing.
ARTICLE 3
Payment to the Engineer for services provided as described
in Article 1 is due to be made within 30 days after date of
billing.
jh/MGDS/017
EXHIBIT A
ARTICLE 4
IN WITNESS
scribe the
ATTEST:
WHEREOF, the parties hereto each herewith sub -
same in triplicate.
FOR TI3E CfITY FA3Y T 'EVILLE, ARKANSAS
By:
ATT ST:
jh/MGDS/017
FOR C HILL SOUTHEAST, INC.
By:
Name)
Zedal
(Title)
'Dated this 4th date of November, 1985
•
•
TASK ORDER NUMBER 6 MICROFILMED
PROFESSIONAL SERVICES - EVIDENTIARY HEARING
Task Order Number 6 amends the Basic Agreement executed between
CH2M-Hill Southeast, Inc. (Engineer), and the City of
Fayetteville, Arkansas (Owner), on the 20th day of July, 1983.
Article 1
The scope of work is to provide engineering services on an as
needed basis in support of the Owner's efforts for the
evidentiary hearing granted to Oklahoma by the EPA.
Article 2
As consideration for providing the services enumerated in Article
1 above, the Owner shall pay the Engineer on the basis of raw
labor plus 163% for overhead plus 151 for profit plus all project
related direct expenses. Subcontractor costs will be marked up
57... The cost shall not exceed $20,000 unless an increase is
authorized by the City in writing.
Article 3
Payment to the Engineer for services provided as described in
Article 1 is due to be made within 30 days after date of billing.
Article 4
IN WITNESS WHEREOF, the parties hereto each herewith subscribe
the same in triplicate.
ATTEST:
ATTEST:Ay
'HILL SOUJHEAST,
By: X//�/t��i(�
Name
INC•
{/
/ / Dyec///k G96Y
Title
Dated this llth day of February , 1986
TASK ORDER NUMBER 7
SLUDGE MANAGEMENT SITE REDESIGN
Task Order -Number 7 amends the Basic Agreement executed be-
tween CH2M HILL Southeast, Inc. (Engineer), and the City of
Fayetteville, Arkansas (Owner), on the 20th day of July,
1983.
Article 1
The scope of work is to provide engineering services to re-
design the Sludge Management System to include the City's
recent acquisition of the 40 -acre parcel bounded on the west
and north by Wyman Road.
Article 2
As consideration for providing the services enumerated in,
Aiticle 1 above; the Ovrner`shall"pay the Engineer on the '-
basis of raw labor plus 163% for overhead plus 15% for prof-
it plus all project related direct expenses. Subcontractor
costs will be marked up 5%. The cost shall not exceed
$1,700 unless an increase is authorized by the City in
writing.
Article 3
Payment to the Engineer for services provided as described
in Article 1 is due to be made within 30 days after date of
billing.
Article 4
IN WITNESS WHEREOF, the parties hereto each herewith sub-
scribe the same in triplicate.
ATTEST:
FOR THE -CITY? 7TT VIL E, ARKANSAS
Name � Tit e.
By
FOR CH2? ILL •SOUTTHHEAS , INC.
By: r..A G/ Fro�./ys.'x,P�
Name Title
Dated this -2 ¢- day of FruGry - , 1986
v, Rt-JQtC
jh/DS2/047
• ,fJLrttsrIuntiv
TASK ORDER NUMBER 8
EXISTING PLANT EQUIPMENT REHABILITATION
DESIGN AND SERVICES DURING CONSTRUCTION
Task Order Number 8 amends the Basic Agreement executed be
tween CH2M HILL Southeast, Inc. (Engineer), and the City of
Fayetteville, Arkansas (Owner), on the 20th day of July,
1983.
Article 1
The scope of work is to provide engineering services to
prepare an addendum to the facility plan, prepare design
plans and specifications for bidding the rehabilitation of
the existing wastewater treatment plant's bar screens and
conveyor, vacuators, grit separators, classifiers, pumps and
conveyor, gravity thickeners and air float thickeners.
The bid documents will be prepared to phase the work such
that maximum use of the grant contingency for both the FY84
and 85 grants can be made as well as use of any additional
FY86 grant or FY87 grant money that may become available.
The Engineer shall also perform the engineering services
during construction, including shop drawing review and
resident observation. The resident observation is based on
an assumed need of a resident observer half time for 20
weeks of construction.
Article 2
As consideration for providing the services enumerated in
Article 1 above, the Owner shall pay the Engineer on the
basis of raw labor plus 163% for overhead plus 15% for prof-
it plus all project related direct expenses. Subcontractor
costs will be marked up 5%. The cost shall not exceed
$65,595 unless an increase is authorized by the City in
writing.
Article 3
Payment to the Engineer for services provided as described
in Article 1 is due to be made within 30 days after date of
billing.
Article 4
IN WITNESS WHEREOF, the parties hereto each herewith sub-
scribe the same in triplicate.
FOR ITY F YETTEVILLE, ARKANSAS
Nam
B
ATTEST:
T
FOR/CJH2M, •. LL SO/U/�/TH ST, INC. / ems.
Title
ATTEST:
- la _ c&Y ct
7h/DS2/047
By:
Name
Dated this ;/ day of 19ey/./ , 1986
Z `.
sateertumo
TASK ORDER NO. 8
AMENDMENT 1
EXISTING PLANT EQUIPMENT REHABILITATION
DESIGN AND SERVICES DURING CONSTRUCTION
This Amendment No. 1 amends Task Order No. 8 executed
between CH2M Hill Southeast, Inc. (Engineer) and the City of•
Fayetteville, Arkansas (Owner) on April 21, 1986.
Article 1
The amended scope of work is toinclude preparation of
design plans and specifications for bidding rehabilitation
or replacement, as appropriate, of the existing non -potable
water system;. pump #28 (future digested sludge transfer
pump) and valves; the slide gates in the diversion box on
the east side of lift station #2; the plant and storm sump
pumps and controls; removal of old coil filter filtrate
pumps; demolition of the filtrate pump and coil filter
vacuum pump concrete mounting pads; the grit pumps, motors
and controls; baffle plates downstream of bar screens;
rodding and cleaning of suction and discharge pipeline from
pump #11 and #12, #13 and #14; demolish the scum holding
tank; the 2 six-inch valves in the drain lines for the #1
and #2 gravity thickeners; the six-inch valve in line #38
supplying activated sludge to the #1 diversion box; the
six-inch valve in line #85 which supplys activated sludge to
the #1' Lift Station; the eight -inch valve in Line #24
from the #1 Lift Station which can supply primary influent
to air eductors and/or DAF .units; the 16 -inch valve in Line
#61 which allows choice between primary influent and process
water to DAF's and. pumps #5 and #6; the four personnel doors
and frames for the bar screen room; the four outside
personnel doors; the roll -up door with personnel door for
the north bay opening on the east side of the lower level;
two 7' x 16' metal frame windows on the east wall located
above the sludge holding tank; replacement of several broken
panes of glass in the existing windows together with
glazing; and repair work on the other doors not listed
herein.
Article 2
As consideration for performing the additional services
enumerated in Article 1 above the total amended cost shall
be increased by $3,600 to a cost not to exceed $69,195
unless authorized by the City in writing.
MGDS/040
Article 4
In witness whereof, the parties hereto each herewith
subscribe the same in triplicate:
ATTEST:
VILLARKANSAS
FOR CH2M ILL SOUTHEAST, INC. e
BY: � 4�%4/'�,
Nam i le
DATED:
A GG tAY OF �Zlilat � %
G//, 1986
MGDS/040
Appendix A - Resumes and Appendix B Background
to the
PROPOSAL
for
STEP 1.- PLANNING
and
STEP 2- DESIGN
ENGINEERING SERVICES
presented to
BOARD OF DIRECTORS
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
March 18,1983
C142M 11 HILL
in association with
McClelland Consulting Engineers Inc.
0-273
IMPLEMENTATION
of
WHITE RIVER
ALTERNATIVE
9 of 9
1
1
1�
1'
1
1
1
1
1
1
1
1
MICRPHLME,.
Ws - 9\
Appendix A
Resumes