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HomeMy WebLinkAbout31-04 RESOLUTION• • RESOLUTION NO. 31-04 A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT WITH TERRACON CONSULTANTS, INC. IN AN AMOUNT NOT TO EXCEED $49,000.00 TO PERFORM THE CUMMINGS PROPERTY SITE CHARACTERIZATION STUDY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a Professional Services Contract with Terracon Consultants, Inc. in an amount not to exceed $49,000.00 to perform the Cummings Property Site Characterization study. PASSED and APPROVED this the 2nd day of March, 2004. vEIlf1,/ T By(INDovalOM—SiSRA SMIT,ty Clerk By: APPROVED: DAN COODY, Mayo • • ORIGINAL CITY OF FAYETTEVILLE CONTRACT FOR SERVICES And Seek This Contract is entered into on this 26th day of 1-2004, between the City of Fayetteville, a municipal corporation, and Terracon Consultants, Inc. In consideration of the mutual covenants contained herein, and other good and valuable consideration, the City of Fayetteville and Terracon Consultants Inc. agree as follows: 2. All of the provisions of Attachment -A are hereby incorporated by reference as if set forth word for word herein. Terracon Consultants, Inc. agrees and understands that it shall make available all records for review by the City of Fayetteville and its auditors as reasonably requested. Terracon Consultants, Inc. agrees and understands that it shall submit, upon request, to the City of Fayetteville, any and all documents demonstrating compliance with applicable federal, state, and local rules and regulations. The City of Fayetteville's failure to request supporting documentation, however, shall not excuse any failure on the Terracon Consultants, Inc.'s part to have used the standard of care in its profession to comply with the applicable federal, state, and local rules and regulations. Terracon Consultants, Inc. agrees and understands that all contracts for services, and other procurement for materials, services, or construction shall be carried out in compliance with applicable federal, state, and local rules and regulations. Terracon Consultants, Inc. shall hold harmless, and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of negligent performance or nonperformance of the services or subject matter called for in this contract, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. 4. Terracon Consultants, Inc. agrees and understands that any changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 5. Nothing in this agreement shall be construed to give any rights or benefits to any party other than Terracon Consultants, Inc. and the City of Fayetteville. Terracon Consultants, Inc. agrees and understands that City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Terracon Consultants, Inc. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. • • 7. This agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. The parties agree and understand that -this contract is exclusive of any and all previous contracts which may exist, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such contracts. It is agreed that the failure of any party to invoke any of the available remedies under this agreement or under law in the event of one or more breaches or defaults by any party under the agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in the event of any future breach or default. 10. Each paragraph of this agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 11. This contract constitutes the entire understanding of the parties and no modification or variation of the terms of this contract shall be valid unless made in writing and signed by the duly authorized agents of the City of Fayetteville and Terracon Consultants, Inc. 12. Each of the undersigned warrants that he or she has the full right, power and authority to execute this contract on behalf of the party indicated for the purposes herein contained. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. ATTEST: By: SON RA SMITH, City Clerk CITY OF F By: LLE DA OODY, ayor TERRACON CONSULTANTS, INC. By: D • • Attachment - A C & L Landfill Site Characterization Study Fayetteville, Arkansas PROVISIONS 1. Authorization to Proceed Signing this Agreement shall be construed as authorization by the City of Fayetteville for Terracon Consultants, Inc to proceed with the Services. 2. Compensation The CITY OF FAYETTEVILLE shall compensate TERRACON CONSULTANTS, Inc. for services provided under this agreement on a basis of standard billing rates itemized in Provision 8 below, plus reimbursement of Direct Expenses not to exceed a total of $49,000. 3. Labor Costs Labor Costs shall be the amount calculated by the number of hours actually worked by each of TERRACON CONSULTANTS, Inc.'s employees on CITY OF FAYETTEVILLE's Project, multiplied by the employee's standard billing rate itemized in Provision 8 below. 4. Direct Expenses TERRACON CONSULTANTS, Inc.'s Direct Expenses shall be those costs incurred on or directly for the CITY OF FAYETTEVILLE's Project, including but not limited to necessary transportation costs including mileage at TERRACON CONSULTANTS, Inc.'s current rate when its automobiles are used, meals and lodging, computer services, word processing services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual charges when fumished by commercial sources and on the basis of usual commercial charges when furnished by TERRACON CONSULTANTS, INC. Direct expenses shall not exceed $1,700. Costs of permits or filing fees required by regulatory agencies or departments obtained for the City of Fayetteville shall be paid by the City of Fayetteville. 5. Outside Services When technical or professional services are fumished by an outside source, when approved by CITY OF FAYETTEVILLE, an additional amount shall be added to the cost of these services for TERRACON CONSULTANTS, Inc.'s administrative costs. 6. Cost Estimates Any cost estimates provided by TERRACON CONSULTANTS, Inc. will be on a basis of experience and judgment. Since TERRACON CONSULTANTS, Inc. has no control over market conditions or bidding procedures, TERRACON CONSULTANTS, Inc. does not warrant that bids or ultimate construction costs will not vary from these cost estimates. 7. Professional Standards TERRACON CONSULTANTS, Inc. shall be responsible, to the level of competency presently maintained by other practicing professionals in the same type of work in CITY OF FAYETTEVILLE's community, for the professional and technical soundness accuracy, and adequacy of all sampling and analysis, quality and safety standards, site characterization studies and other work and materials fumished under this Agreement. TERRACON CONSULTANTS, Inc. makes no warranty, expressed or implied. 8. Additional Services Services in addition to those specified in Scope of Services will be provided by TERRACON CONSULTANTS, Inc. if authorized in writing according to Section 4 of the CONTRACT FOR SERVICES. Additional services will be paid for by CITY OF FAYETTEVILLE according to the following Hourly Rate Schedule: Attachment 'A' C & L Landfill Site Characterization Study • Staff Classification Or Duties Billing Rate Senior Project Manager $125.00 per hr Project Manager $90.00 per hr Project Professional I $55.00 per hr Clerical $40.00 per hr • Staff Classification Or DutiesBillinq Rate Senior Scientist $105.00 per hr Staff Professional III $70.00 per hr CADD/Drafting $55.00 per hr 9. Sales Tax Applicable sales tax is not included in the above -proposed fee. Sales tax at an applicable rate will be indicated on invoice statements. 10. Limitation of Liability TERRACON CONSULTANTS, Inc.'s liability to the CITY OF FAYETTEVILLE for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this Agreement. 11. Dispute Resolution All disputes arising out of this Agreement shall be mediated by the parties within a reasonable time after the first request for mediation, prior to either party filing a suit in a court of law, provided, however, that neither party shall be obligated to mediate prior to requesting injunctive relief. 12. Payment to Terracon Consultants, Inc. / Interest on Past -due Amounts Monthly invoices will be issued by TERRACON CONSULTANTS, Inc. for all Services performed under the terms of this agreement. Invoices are due and payable within net thirty days. Any interest charged or collected in excess of the highest legal rate will be applied to the principal amount owing to TERRACON CONSULTANTS, Inc., and if such interest exceeds the prihcipal balance of CITY OF FAYETTEVILLE's indebtedness to TERRACON CONSULTANTS, Inc., will be returned to CITY OF FAYETTEVILLE. 13. Termination for Non-payment of Fees TERRACON CONSULTANTS, Inc. may terminate this contract by giving written notice if any TERRACON CONSULTANTS, Inc. invoice remains unpaid for more than 60 days. TERRACON CONSULTANTS, Inc.'s right to terminate this contract shall not be waived by TERRACON CONSULTANTS, Inc.'s continued performance during any period of investigation by TERRACON CONSULTANTS, Inc. to determine the reasons for CITY OF FAYETTEVILLE'S nonpayment. 14. Termination Either CITY OF FAYETTEVILLE or TERRACON CONSULTANTS, Inc. may terminate this Agreement by giving 30 days' written notice to the other party. In such event CITY OF FAYETTEVILLE shall forthwith pay TERRACON CONSULTANTS, Inc. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Agreement shall be terminated upon completion of all applicable requirements of this Agreement. 15. Legal Expenses In the event legal action is brought by TERRACON CONSULTANTS, Inc. to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, CITY OF FAYETTEVILLE shall pay TERRACON CONSULTANTS, Inc. reasonable amounts for fees, costs and expenses as may be set by the court. 16. Assignment to Related Entity Notwithstanding anything in this Agreement to the contrary, in the event TERRACON CONSULTANTS, Inc. is not qualified and licensed in the relevant jurisdiction to provide any services required hereunder, TERRACON CONSULTANTS, Inc. may, without the consent of any other party, assign all or any part of its obligation to provide such services to an entity related to TERRACON CONSULTANTS, Inc. which is Attachment "A" C & L Landfill Site Characterization Study • • qualified and licensed to provide such services in the jurisdiction involved and which is contractually bound to TERRACON CONSULTANTS, Inc. to provide such services. PROJECT ASSUMPTIONS The cost, fees, and scope of services for this proposal has been prepared using the following assumptions: • The total budget at this time is $49,000 Dollars for the Site Characterization Report (SCR). • The SCR must be received by The City on or before May 4, 2004. • A report of findings must be issued prior to drafting the SCR. INFORMATION TO BE SUPPLIED BY THE CITY OF FAYETTEVILLE The City of Fayetteville will arrange for the exchange of information and engineering data between the Arkansas Department of Environmental Quality (ADEQ) and the consultant team. The following specific items will be supplied by the City to the Design Team: • ADEQ-Approved Work Plan- The City will provide a digital copy of the Work Plan to the Consultant for use. • Pertinent Mapping- The City will provide recent aerial photos and property information. • Access Agreement — The City will provide a copy of the signed Access Agreement. SCOPE OF SERVICES The Basic Services proposed for this project include site characterization of the former C & L Landfill, in Fayetteville, Arkansas, evaluation of impacts to soil, groundwater and surface waters in the vicinity of the former landfill, generation of a site characterization report for the City of Fayetteville and ADEQ. The Basic Services are further defined as follows: 1. Meetings • Kick -Off Meeting — set parameters and define goals and objectives for the SCR. • Site visit — discuss landfill boundaries, areas of concern or of particular interest, establish staging areas. • One (1) Progress Meetings following receipt of results of sample analyses— review analytical results and project status. • DRAFT Report Review — Discussion of findings and recommendations. • Final Report Review — Discussion of findings and recommendation; Public discussion. 2. Site Specific Health and Safety Plan • Create plan in compliance with OSHA Standard 29 CFR 1910.120. • Submit Plan to ADEQ for review and approval. 3. Sampling and Analysis • Provide plan for the sampling analysis of surrounding soils, groundwater, surface water and quality control sampling. . 4. Management and Disposal of Contaminated Waste • Provide plan for the storage, study and disposal of waste at the appropriate permitted landfill or disposal facility of all waste generated as part of the sampling and analysis 5. Quality Assurance Protection Plan • Provide information necessary for maintaining quality assurance/quality control during the site investigation process. Attachment "A" C & L Landfill Site Characterization Study • • 6. Report • Generate an SCR for submittal to the City of Fayetteville and ADEQ. • A plan that includes corrective action options, recommendations and cost estimate. CORRESPONDENCE 1. The City of Fayetteville's representative shall be Rebecca Ohman, until written notice is provided to Terracon Consultants designating a new representative.• 2. The Terracon Consultants, Inc representative shall be Tom Knudson, until written notice is provided to the City of Fayetteville designating a new representative. REIMBURSABLE EXPENSES 1. Out of pocket expenses related to mileage, meals with travel, courier expenses, printing, postage and graphic reproduction shall be reimbursed at cost as set forth in the cost justification. 2. Cost of permits or filing fees required by regulatory agencies or departments obtained for the City of Fayetteville shall be paid by the City of Fayetteville. ADDITIONAL SERVICES Additional services shall consist of, but not be limited to, the following items: • City of Fayetteville generated changes to scope once work is in progress, will be billed at hourly rates per proposals approved by the City of Fayetteville, until the work is at the same level of completion as it was prior to the change. • Additional meetings at the request of the City. • The City of Fayetteville shall approve all changes to the contract and authorize all additional services. Attachment 'A' C & L Landfill Site Characterization Study NAME OF FILE: Resolution No. 31-04 w/contract CROSS REFERENCE: Item # Date Document 1 02/13/04 memo to mayor and city council 2 draft resolution 3 01/29/04 letter to Rebecca Ohman 4 02/09/04 letter to Peggy Vice 5 02/09/04 RFP 04-04 6 03/02/04 copy of email to Sondra Smith from Rebecca Ohman 7 03/03/04 copy of email to Nancy Smith from Rebecca Ohman 8 Attachment A g copy of purchase requisition 10 02/19/04 Staff Review Form 11 03/04/04 memo to Rebecca Ohman 12 03/11/04 memo to Rebecca Ohman 13 copy of shipping label NOTES. • MEMO 14••3, • i. Gly 6/moo 3 /2/04 3/-0 �. -M7104 C & L Landfill Site Characterization Study p. l of 2 To: Mayor and City Council Thra: Gary Dumas, Director of Operations Connie Edmonston, Director of Parks and Recreation' From: Rebecca Ohman, Park Planner KO Date: February 12, 2004 Subject: Parks and Recreation recommends approval of a contract with Terracon Consultants, Inc. for the Cumming's C & L Landfill Site Characterization Study. RECOMMENDATION Parks and Reepation Staff recommends a contract be entered into with Terracon Consultants, Inc. for the amount of $49;000 plus a ten (10%) percent project contingency of $4,900 for a total project cost of $53,900 for the Cummings C & L Landfill Site Characterization Study. BACKGROUND Parks and Recreation, in keeping with the recommendation of the 10 Year Master Plan and on recommendation from the Park and Recreation Advisory Board (PRAB), conducted a search for Fayetteville's Community Park by evaluating 18 sites on criteria such as location within the City, total land available, appraised value, existing infrastructure, accessibility, FEMA floodway and floodplain designations, slopes over 15 percent, tree canopy, major land features and land use in terms of active and passive recreation. Based upon these studies, PRAB selected the Cummings property as the recommendation for the future Community Park. Their recommendation however was contingent upon understanding the nature of an existing closed landfill encompassing 33 acres on the property. On August 4, 2003, PRAB voted to further investigate the landfill area In September 2003, Parks and Recreation Staff contracted with Terracon of Tulsa, Oklahoma to create a Work Plan for this study. The Work Plan outlines all studies necessary to gain a hill understanding of the landfill and a time frame for the Study's completion. The Plan was written to meet the Arkansas Department of Environmental Quality (ADEQ) standards in order to apply for funding. Please find attached a letter from ADEQ approving the Work Plan as the working document for the Site Characterization of the C & L Landfill. A Request for Proposals (RFP) for this study was advertised with nine firms submitting proposals. On February 12, 2004, the Professional Services Selection Committee reviewed the nine proposals and selected Terracon Consultants, Inc to perform the Site Characterization Study. Members of the Selection Committee included Kyle Cook, Ward 2 Alderman; Gary Coover, City Engineer, Nancy Smith, City Auditor, Connie Edmonton, Parks and Recreation Director; and Rebecca Ohman, Park Planner. Pat Henry with ADEQ was present for the selection process. DISCUSSION City Council approval was given on February 3, 2004 to apply for the ADEQ Post Closure Trust Fund. The application was submitted to ADEQ on February 17, 2004. Funding has not been determined to date, however a very positive response has been received from ADEQ. If the approval is awarded, the City would be responsible for the administration of the study according to ADEQ guidelines and a total payment of $10,000. The Work Plan, valued at $1,500, can be counted towards the total $10,000, leaving a remaining $8,500 to be spent by the City. These funds are budgeted in the Parks and Recreation Community Park Development fund designated for the Community Park project. Terracon's contract is for $49,000. The City's remaining balance of $8,500 would be applied to this total, leaving approximately $40,500 to be paid by the State ADEQ stated that Terracon may proceed with the Study prior to project approval and funds over the pre -requisite $10,000 would be reimbursed to the City. ADEQ has expressed great interest in the study and potential remediation of the C & L Landfill. However, if the City is not awarded the Post Closure Trust Fund, the study would be totally fimded by the Community Park Development Fund. Parks and Recreation Advisory Board approved $50,000 for this landfill study on November 3, 2003 Any projected remediation costs would be accounted for in negotiations of the final cost of the property. If additional information is needed, please contact me at 444-3472. Attachments: Contract Attachment "A" -Scope of Services ADEQ Work Plan Approval Letter Site Characterization Study Cost Estimate • RESOLUTION NO. • 4.5. Th4ac, eol A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT WITH TERRACON CONSULTANTS, INC. IN AN AMOUNT NOT TO EXCEED $49,000.00 TO PERFORM THE CUMMINGS PROPERTY SITE CHARACTERIZATION STUDY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a Professional Services Contract with Terracon Consultants, Inc. in an amount not to exceed $49,000.00 to perform the Cummings Property Site Characterization study. PASSED and APPROVED this the 2nd day of March, 2004. ATTEST: By: SONDRA SMITH, City Clerk APPROVED. By: DRAC1 DAN COODY, Mayor A D:ffEi;tQ.i. A R K •A N' S A S DepaMwnt of EmAronntantatQuality January 29, 2004 Rebecca Ohman City of Fayetteville Parks and Reemation Division 113 West Mountain Street Fayetteville, Alt 72701 • RE: Approval of Proposed Site AssessmerttWork Pfau fat Porter C & L Fayetteville, Mt; AFIN T2.00159; Pernik # 00135 Document Identifier # 22252 Dear Mrs. Ohman: ADEQ Solid Waste Management Division (SWMD) staff has ftviewed,the Draft Site AsMestemtWrtlPl` tectived on December 15, 2003, for the closed C&L Landfill site located in Fayetteville, AR. The:aet#pbm was prepar d for the City of Fayetteville by Taracon. consultaWs and is designed to initiate site assesmant aptiv►ties to evaluate the potential impacts an soil, ground water and surface water friar the fattier 33 ant; landfill=i te. fiertacarhas previously completed some field investigation activilies at this site including eoatystsuf SS* andgrdmd tatter samples. Results from the additional proposed site assessment activities outlined the workplan will be used to generate a more comprehensive Site Characterization Report for the property in and around the 35 acre closed landfill site. Based on our visit to the closed landfiRsite on Wednesday. December 176and based Onlii$ p etatioD=presented in the Draft Work Plan =salted for our review. the SWMD.hat* apprmves the proposed 4 jk & activities. with the following retxmm>endations. Fast, ADEQ recomm ids Teaacbn saMple surface water gadlitybotli up and down' gradient from the closed landfill. Seamy, it is reconthe coustititents analyzed for` m both the soil and watts quality samples be tested by an ADEQ certified laboratory. Iagtly, the detection limits utrliz4R dµ ng sampling should be reasonably low and the values reported for each canstidreatavalyzed should berept red at the deteelion limit. This information will help ADEQ to determine the pot vial environmental risk, if any, in and around this old closed landfill site. ADEQ SWMD staff looks forward to warlmrg with you onthis project in the future. Please ca li vire at (501) 682-0598 should you have any questions regarding the above information. Sincerely, Gerald Delavan, P.G. Geologist Supervisor Solid Waste Management Division cc: Geoffrey IL Little, Technical Branch Manager, SWMD Justin Sparrow, SWMD District Inspector E:\Facilities\AFIN-51_to 75 \72-00159 closed C&L LandfilALtrWorkPlanApprdveCaL.doc SOLID WASTE soot NATIONAL DRIVE / POSC OFFICE BOX Omit urrLE RODE; • February 9, 2004 Ms. Peggy Vice Purchasing Manager City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Phone: (479) 575-8289 Fax: (479) 575-8241 s lierracon 10930 East 56th Street Tulsa, Oklahoma 74146 (918) 250-0461 Fax: (918) 250-4570 Re: Request for Proposal Cummings Property Site Characterization Study RFP #04-04 Estimated Fees for Project Dear Ms. Vice: We have enclosed one copy of the estimated total project cost for the Request for Proposal Cummings Property Site Characterization Study, in response to the City of Fayetteville's RFP #04-04. We appreciate the opportunity to perform these services for you. Please contact us if you have questions regarding this information or if we can provide any other services. Sincerely, TERRACON CONSULTANTS, INC. Thomas D. Knudson Russel J. Zora, CHMM Senior Project Manager Environmental Department Manager Arizona III Arkansas ■ California • Colorado ■ Georgia ■ Idaho ■ Illinois • Iowa • Kansas • Kentucky ■ Minnesota ■ Missouri Montana ■ Nebraska ■ Nevada ■ New Mexico ■ Oklahoma • Tennessee ■ Texas • Utah ■ Wisconsin • Wyoming Consulting Engineers & Scientists Since 1965 www.terracon.com • ESTIMATED TOTAL PROJECT COST C & L Landfill Site Characterization Study City of Fayetteville, Arkansas Parks and Recreation Division RFP #04-04 TERRACON CONSULTANTS, INC. February 9, 2004 Field Labor 30 hours a $90/hr $5,500 50 hours © $55/hr Management and Reporting 4 hours 4 $115/hr 64 hours © $90/hr $7,500 20 hours @ $55/hr 4 hours © $40/hr Drilling $9,300 Laboratory $25,000 Expenses (Equipment per diem, sampling rental, supplies) mileage, $1,700 ESTIMATED TOTAL $49,000.00 Assumptions and Constraints In order to comply with the proposed schedule, the following items are required to be provided by the client at the time of notification to proceed: • The City of Fayetteville will provide to Terracon, prior to mobilization, legal right of entry to the site (and other areas if required) to conduct the scope of. services. • The City of Fayetteville will coordinate with the landowner to secure authorization to install monitoring wells on the site. • The City of Fayetteville will notify Terracon, prior to mobilization, of any restrictions, special site access requirements, or known potentially hazardous conditions at the site (e g hazardous materials or processes, specialized protective equipment requirements, unsound structural conditions, etc.) • • Utilities on private land that are not located by public companies will be located by. property owner/operator. • Work can be performed during normal business hours (Monday through Friday, 7:00 am to 7:00 pm). • Traffic control services are not required. • The site is readily accessible by truck. 3. Sampling and Analysis • Provide plan for the sampling analysis of surrounding soils, groundwater, surface water and quality control sampling. 4. Management and Disposal of Contaminated Waste • Provide plan for the storage, study and disposal of waste at the appropriate permitted landfill or disposal facility of all waste generated as part of the sampling and analysis. 5. Quality Assurance Protection Plan • Provide information necessary for maintaining quality assurance/quality control during the site investigation process. 6. Report • Generate an SCR for submittal to the City of Fayetteville and ADEQ. • A plan that includes corrective action options, recommendations and cost estimate. CORRESPONDANCE 1. The City of Fayetteville's representative shall be Rebecca Ohman, until written notice is provided to io c designating a new representative. 2. The Terracon Consultants, Inc representative shall be Tom Knudson, until written notice is provided to the City of Fayetteville designating a new representative. REIMB URSAB E EXPENSES riArl i 1 ..Out-ofapeekeh rues reFstyTido i expenses, printerugr estege-arad• prapp'irre}r iR idi bu he esf:}ustifii�tf<�0 2. Cost of permits or filing fees required by regula ry_agencies or departmen s obtained for the City of Fayetteville shall be paid by the City of Fayettevil Ino,4_40 go i�►�ittiZcGi,Let ADDITIONAL SERVICES /`am' Additional services shall consist of, but not be limited to, the following items: • City of Fayetteville generated changes to scope once work is in progress, will be billed at hourly rates per proposals approved by the City of Fayetteville, until the work is at the same level of completion as it was prior to the change. • Additional meetings at the request of the City. • The City of Fayetteville shall approve all changes to the contract and authorize all additional services. Attachment -A" C & L Landfill Site Characterization Study Request for Proposal Cummings Property Site Characterization Study RFP #04-04 February 9, 2004 Terracon Transportation and disposal of unaffected or affected soil and/or development water is considered out -of -scope of this proposal, and upon request, may be addressed in a separate proposalonce a final volume of waste is determined. The Agreement for Services under which Terracon will perform the work is attached for your review and is considered a part of this proposal. This proposal is valid for 90 days from the date of this proposal and is based on the assumption that all field services will be performed under modified Level D safety personal protective procedures. Terracon's services will be performed in a manner consistent with generally .accepted . practices of the professional undertaken in similar studies in the same geographic area during the same period. Terracon makes no warranties, either expressed or implied, regarding the findings, conclusions or recommendations. Findings, conclusions and recommendations resulting from these services will be based upon information derived from the most recent on-site activities and other services performed under this scope of work; such information is subject to change over time. Certain indicators of the presence of hazardous substances, petroleum products, or other constituents may have been latent, inaccessible, unobservable, nondetectable or not present during these services, and we cannot represent that the site contains no hazardous substances, toxic substances, petroleum products, or other latent conditions beyond those identified during this LSI. Subsurface conditions may vary from those encountered at specific borings orwells or during other surveys, tests, assessments, investigations or exploratory services; the data, interpretations, and our recommendations are based solely upon data obtained at the time and within the scope of these services. It should be noted, if affected soil or groundwater is discovered during the LSI, the individual operating, in charge of, or responsible for the activity/facility may be required to report the release to the regulatory agency. Sondra Smith - Re: Terracon Contract Amendment Page 1 • From: Sondra Smith To: Ohman, Rebecca Date: 3/2/04 4:40PM Subject: Re: Terracon Contract Amendment • I will change out the page. I am glad things are easier, if there is anything we can do to improve the process, please let us know. Have a great day! Sondra Smith City Clerk City of Fayetteville 113 West Mountain Fayetteville, AR 72701 479-575-8323 ssmith©ci.fayetteville.ar. us »> Rebecca Ohman 03/02/04 04:12PM »> Sondra, Please find attached "Attachment A" for the Terracon Contract. Only the FIRST page of Attachment A needs to be replaced. Please call or email if you have any questions! Thank you so much for your organization. ALL of this is so much easier. Rebecca Sondra Smith - Attachment A Changes • From: Rebecca Ohman To: Smith, Nancy Date: 3/3/04 11:22AM Subject: Attachment A Changes Nancy, Please find below the changes to Attachment A. You will need to print only page 4. Thanks so much for catching my mistake! Rebecca • • PROVISIONS 1. Authorization to Proceed Attachment - A C & L Landfill Site Characterization Study Fayetteville, Arkansas 0 Signing this Agreement shall be construed as a thorizationjby the City of Fayetteville for Terracon Consultants pc to proceed with the Services. 2. Compensation The CITY % FAYETTEVILLE shall compensate TERRACON CONSULTANTS, Inc. for services provided under this agreement on a basis of Labor Costs multiplied by a multiplier of 2.945, plus reimbursemenof Direct Expenses not to exceed $49,000. 3. Labor Costs Labor Costs shall be the amount calculated by4the number of hours actually worked by each of TERRACON CONSU L� CANTS, Inc.'s employees on/CITY OF FAYETTEVILLE's Project, multiplied by an amount charged for each such employee's work; which is calculated by dividing each such employee's annualized, non-overtime\compensation (whethed salary or paid to such employee at an hourly rate, as the case may be) divided% 0 hours per year, 4r �� 4. "Direct Expenses TERRACON CONSULTANTS, Inc.'s Direct Expenses shall be those costs incurred on or directly for the CITY OF FAYETTEVILLE's I?roject, including' but not limited to necessary transportation -costs -including mileage-at-TERRACON-CONSUL-TANTS f nc.!s-current.rate-when-its-automobiles-are-used; meals.and lodging, laboratory tests and analyses, computer services, word processing services, telephone, printing and binding charges. Reimbursement forTthese EXPENSES shall be on the basis of actual charges when fumished by commercial sourcessandTon'"the basis of usual commercial charges when fumished by TERRACON CONSULTANTS, INC. Dc expenses shall not exceed $1,700. �, e 5. Outside Services When technical or professional services arefumished by an outside source, when approved by CITY OF FAYETTEVILLE, an additional amount shall. be added to the cost of these services for TERRACON CONSULTANTS, Inc's administrative costs. 6. Cost Estimates Any cost estimates provided by TERRACON CONSULTZ'ANTS, Inc. will be on a basis of experience and judgment. Since TERRACON CONSULTANTS, Inc. ha VLo control over market conditions or bidding procedures, TERRACON CONSULTANTS, Inc. does notwant that bids or ultimate construction costs will not vary from these cost estimates. 1 7. Professional Standards - TERRACON CONSULTANTS, Inc. shall be responsible, to the leveltof competency presently maintained by other practicing professionals in the same type of work in CITY OFFAYETTEVILLE's community, for the professional and technical soundness, accuracy, and adequacy of all sampling and analysis, quality and safety standards, site characterization studies and other work and\materials fumished under this Agreement. TERRACON CONSULTANTS, Inc. makes no warranty, expressed or implied. 8. Additional Services Services in addition to those specified in Scope of Services will be provided by TERRACON CONSULTANTS, Inc. if authorized in writing according to Section 4 of the CONTRACT FOR SERVICES. Additional services will be paid for by CITY OF FAYETTEVILLE according to the following Hourly Rate Schedule: Attachment 'A' C & L Landfill Site Characterization Study To he vonsec(, r •(Cif vacOn Staff Classification Or Duties Billing Rate Project Manager $130.00 per hr Design Engineer $80.00 per hr Tech/ CADD $55.00 per hr Clerical $45.00 per hr • ale) p to v b /hnq Ca'h - 11 Staff Classification Or DutiesBilling Rate RIC. Senior Engineer $115.00 per hr Senior Tech/ Designer $80.00 per hr Survey Crew $90.00 per hr 9. Sales Tax Applicable sales tax is not included in the above -proposed fee. Sales tax at an applicable rate will be indicated on invoice statements. 10. Limitation of Liability TERRACON CONSULTANTS, Inc.'s liability to the CITY OF FAYETTEVILLE for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee eamed under this Agreement. ' 11. Dispute Resolution All disputes arising out of this Agreement shall be mediated by the parties within a reasonable time after the first request for mediation, prior to either party filing a suit in a court of law, provided, however, that neither party shall be obligated to mediate prior to requesting injunctive relief. 12. Payment to Terracon Consultants, Inc. / Interest on Past -due Amounts Monthly invoices will be issued by TERRACON CONSULTANTS I for all Services performed under the terms of this agreement. Invoices are due and payable tred' .TIT -Y OF-FAYE-TTEVIL-L-Eagrees to-pay-interest-at-the-rate-of-1M%—per-month-on-atl-past=due-amounts-untess-norpermltted-by-law. Any interest charged or collected in excess of the highest legal rate will be applied to the principal amount owing to TERRACON CONSULTANTS, Inc., and if such interest exceeds the principal balance of CITY OF FAYETTEVILLE's indebtedness to TERRACON CONSULTANTS, Inc., will be retumed to CITY OF FAYETTEVILLE. It is the intent of TERRACON CONSULTANTS, Inc. and CITY OF FAYETTEVILLE to abide by all applicable laws regulating the maximum amount of interest that may be charged. To the greatest extent allowed by applicable law, CITY OF FAYETTEVILLE and TERRACON CONSULTANTS, Inc. agree that in the event CITY OF FAYETTEVILLE and TERRACON CONSULTANTS, Inc. enter into any compromise or settlement calling for the payment of past due principal and accrued and unpaid interest on any past -due invoice, TERRACON-CONSUL-TANTS;-Inc:-may-charge-and-CIT_. OF FAMET-TE VILLE-agrees-to-pay-interest-on-such-combined-past-due-principal-and-accrued-and-unpaid interest.amount.(theL'New-Principal•Balance") afthe-rate•of 1'/2%•per-month.or-atthe.highest•rate-allowed -bylawrsubject-as-provided-hereinrto TERRACON`CONSULTANTS;inc. sagreementt to credit -excess --interest-or-retum.same.to CITY OF FAYETTEVILLE-after-the-New Principal Balance paid. 13. Termination for Non-payment of Fees TERRACON CONSULTANTS, Inc. may terminate this contract by giving written notice if any TERRACON CONSULTANTS, Inc. invoice remains unpaid for more than 60 days. TERRACON CONSULTANTS, Inc.'s right to terminate this contract shall not be waived by TERRACON CONSULTANTS, Inc.'s continued performance during any period of investigation by TERRACON CONSULTANTS, Inc. to determine the reasons for CITY OF FAYETTEVILLE'S nonpayment. 14. Termination Either CITY OF FAYETTEVILLE or TERRACON CONSULTANTS, Inc. may terminate this Agreement by giving 30 days' written notice to the other party. In such event CITY OF FAYETTEVILLE shall forthwith pay TERRACON CONSULTANTS, Inc. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Agreement shall be terminated upon completion of all applicable requirements of this Agreement. Attachment "A" C & L Landfill Site Characterization Study