Loading...
HomeMy WebLinkAbout6366RESOLUTION NO. 6366 A RESOLUTION APPROVING AN AGREEMENT WITH CH2M HILL FOR PROFESSIONAL SERVICES AS- SOCIATED WITH THE DESIGN AND CONSTRUCT- ION OF THE AIRPORT INDUSTRIAL PARK SANI- TARY SEWER PUMPING SYSTEM AND PIPELINE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. An Agreement between the City of Pueblo and CH2M Hill, a copy of which is on file in the office of the City Clerk and incorporated herein by reference, whereby CH2M Hill shall provide and perform professional engineer- ing services in the preparation of plans and specifications and services during construction for the Airport Industrial Park Sanitary Sewer Pumping System Project, dated April, 1989, having been approved as to form by the City Attorney, is hereby approved. CFf TTnN 9 Compensation for these services shall not exceed $326,800 unless a properly executed change order is approved by the City Manager. SECTION 3. The City Manager is hereby authorized to execute said Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. crrTMKI n The City Council hereby finds and determines that the Airport Industrial Park Sanitary Sewer Pumping Project is a Capital Improvement for the Pueblo Memorial Airport. An amount equal to the professional fees to be payable under the contract is hereby authorized to be transferred from the Sales and Use Tax Capital Improvement Fund for payment thereof. INTRODUCED April 24 ,1989 B MIKE OCCHIATO Councilman APPROVED: resident of the Council ATTEST: F In FA F F411, C i t , , Wwvx,; � Wo. - '011 -- (- - !W ity Cie -2- AGREEMENT FOR PROFESSIONAL ENGINE SERVICES THIS AGREEMENT made and entered this 24th day of April , 1989 by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and CH2M HILL , a professional engineering firm (hereinafter "Engineer ") for Engineer to render certain profess ionaleng i nee ring and related services for Owner in connection with Pueblo Memorial Airport In- dustrial Park Sanitary Sewer Pumping System and Pipeline , hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL 1.1 Engineer shall satisfactorily perform professional engi- neering services for all phases of Project indicated below by mark placed in the appropriate box or boxes: [ - Study and Report Phase [X] - Preliminary Design Phase [T] - Final Design Phase including preparation of Bid Docu- ments [�] - Construction Phase Such services shall include all usual and customary professional engineering consultation and advice and the furnishing of custom- ary and usual civil, structural, mechanical and electrical engi- neering services. Engineer shall also provide any architectural, landscape architectural and surveying services incident to its work on the Project. 1.2 In performing the professional services, Engineer shall complete the work items described generally in Appendix A - Scope of Services and the items identified in Section 2 of this Agree- ment which are applicable to each phase for which Engineer is to render professional services. 1.3 Professional engineering services shall be performed under the direction and supervision of a registered Professional Engineer in good standing and duly licensed to practice in the State of Colorado. All reproductions of drawings produced under this Agreement shall be the same as at least one record set which shall be furnished to Owner and which shall be signed by and bear the seal of said Professional Engineer. 1.4 Surveying work included within or reasonably contem- plated by this Agreement shall be performed under the direction and supervision of a registered Professional Land Surveyor in good standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under this Agreement shall be AA1 signed by and bear the seal of said Professional Land Surveyor. SEC TION 2. ENGINEER SERVICES 2.1 Study Report Phase_. If Engineer is to provide profes- sional services with respect to the Project during the Study and Report Phase, Engineer shall: (a) Consult with Owner to determine his requirements for the Project and review available data. (b) Advise Owner as to the necessity of his providing or obtaining from others data or services of the types described in paragraph F and assist Owner in obtaining any such services. (c) Provide special analyses of Owner's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. (d) Identify and analyze requirements of governmental authorities and regulatory agencies involved in approval or permitting any aspect of Project. (e) Provide general economic analysis of Owner's requirements applicable to various alternatives. (f) Prepare a Report with appropriate exhibits indicat- ing clearly the considerations involved and the alternative solutions available to Owner, and setting forth Engineer's findings and recommendations with opinions of probable costs. (g) Furnish copies of the Report and present and review it in person with Owner. 2.2 Preliminary Design Phase. If Engineer is to provide professional services with respect to the Project during the Preliminary Design Phase, Engineer shall: (a) Consult with Owner and determine the general design concept and Project requirements based upon information furnished by Owner as well as any study Report on the Project. (b) Prepare and submit to Owner preliminary design documents consisting of final design criteria, preliminary draw- ings, an outline of specifications, and written descriptions of all significant features of Project. (c) Prepare and submit to Owner a requirements check- list of any subsurface investigation, additional data, permits, or other information and requirements which is anticipated will be necessary for the design or construction of Project. (d) Provide written disclosure to Owner of significant -2- design assumptions and design risks inherent in or presented by design alternatives, and make recommendations to Owner based thereon. (e) Prepare and submit to Owner a preliminary cost estimate for the Project including construction cost, contin- gencies, professional compensation, consultant fees, costs of land and rights of way, compensation for damages and finance costs, if any. (f) Engineer shall furnish 5 copies of each above referenced submittal document to Owner for Owner's use, and shall review same in person with Owner. 2.3 Final Design and Bidding Phase. If Engineer is to provide professional services with respect to the project during the Final Design Phase, Engineer shall: (a) After consultation with the Owner, receipt of Owner's selection of any design options and review of the Prelimi- nary Design Documents, if any, prepare and submit to Owner final Drawings showing the scope, extent and character of the work to be performed by contractors, and Specifications describing such work and the requirements therefor. Such plans and Specifications shall comply with applicable building codes and requirements of regulatory agencies having any approval authority. (b) Make reasonable revisions to the Drawings and Specifications requested by Owner. (c) Provide technical criteria, written descriptions and design data for Owner's use, and disclose any significant design risks inherent in or presented by design choices. (d) Based upon Engineer's best professional judgment, prepare and submit to Owner a current detailed cost estimate for the Project including construction cost, contingencies, professional compensation, consultant fees, land and right of way costs, damages and finance costs, if any. (e) Prepare and submit to Owner draft forms of contract agreement, general and special conditions, bid forms, invitations to bid, information for bidders, forms of warranty and including any special requirements imposed upon such contracts by any federal or other funding source and by any regulatory agency. In preparing such draft forms, Engineer shall consider and incorpor- ate, to the extent both advisable and feasible, Owner's standard forms of agreement, warranty, general conditions and selected specifications. (f) After review and comment by Owner, prepare and submit final forms of contract agreement, general and special conditions, bid forms, invitations to bid, information for bidders, and forms of warranty, together with any Addenda which -3- may be required or appropriate to correct errors, clarify Drawings or Specifications or advise of changes. 10 ( #) Copies of these final bid documents shall be furnished to Owner. (g) Make recommendations to Owner concerning the need for prequalification of equipment, vendors or bidders, and, if requested by Owner, incorporate prequalification requirements in final bid and construction contract documents. (h) Consult with and make recommendations to Owner concerning: acceptability of bidders, subcontractors, suppliers, materials, equipment, suitability of proposed "or equals ", amount of bids and any other matter involved in consideration and review of bids and bidders upon which Owner may reasonably request Engineer's advice. 2.4 Construction Phase. If Engineer is to provide profes- sional services with respect to the Project during the Construc- tion Phase, after award by the Owner of a general contract for construction of the Project, Engineer shall: (a) Perform all duties and functions to be performed by Engineer under the terms of the construction contract. (b) Visit the Project site, perform observations as to the progress and quality of the work and advise the Owner as to same. The frequency and level of observation shall be commensu- rate with the nature of the work and size of the Project, except that any specific provisions set forth in Appendix A - Scope of Services concerning the level of observation shall determine Engineer's obligation concerning level of observation. (c) Make determinations as to whether the work is proceeding in accordance and compliance with the construction contract documents. (d) Promptly advise the Owner in writing of any omis- sions, substitutions, defects or deficiencies noted in the work of any contractor, subcontractor, supplier or vendor on the Project. (e) Reject any work on the Project that does not con- form to the contract documents. (f) On request of the Owner, the construction contrac- tor or any subcontractor on the Project, issue written interpreta- tions as to the Drawings and Specifications and requirements of the construction work. (g) Review shop drawings, samples, product data and other submittals of the contractor for conformance with the design concept of Project and compliance with the Drawings, Specifica- tions and all other contract documents, and indicate to Contractor and Owner with respect thereto, any exceptions noted, or modifica- tions or resubmittals required. -4- (h) Review all applications of contractor for payment and in connection with same, issue certificates for payment to the Owner for such amounts as are properly payable under the terms of the construction contract. Each such certificate shall constitute Engineer's representation to Owner that he has inspected the Project and that to the best of his knowledge, the work for which payment has been sought has been completed by contractor in accordance with the Drawings, Specifications and other contract documents. (i) Subject to written concurrence by Owner, render a written recommendation to Owner concerning all proposed substitutions of material and equipment. (j) Draft, for Owner's consideration, and offer recom- mendations upon, all proposed change orders and contract modifica- tions. (k) On application for final payment by the contractor, make a final inspection of the Project, assembling and delivering to the Owner any written guaranties, instruction manuals, as -built drawings, diagrams and charts required by the contract documents, and issuing a certificate of final completion of the Project. (1) The Engineer shall if so provided in the construc- tion contract, be the interpreter of the construction documents and arbiter of claims and disputes thereunder. Upon written request of the Owner or contractor, the Engineer shall promptly make written interpretations of the contract documents and render written decisions on all claims, disputes and other matters relating to the execution or progress of the work on the Project. The interpretations and decisions of the Engineer shall be final and binding on the contractor and Owner, unless the Director of Public Works of the Owner shall, within seven calendar days after receipt of the Engineer's interpretation or decision, file his written objections thereto with the Engineer and contractor. (m) Record drawings will be prepared, in part, on the basis of information supplied by others and may not always represent the exact location, type of various components, or exact manner in which the Project was finally constructed. The Engineer is not responsible for any errors or omissions in the information supplied by others which is incorporated into the record drawings. 2.5 Additional Responsibilities This paragraph applies to all phases of Engineer's work. (a) Engineer shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of Engineer's work, including that performed by Engineer's consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Engineer shall, without additional compen- -5- sation, correct or revise any errors, omissions or other deficien- cies in his work. (b) Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by Engineer's negligent act or omission; except that Engineer hereby irrevocably waives and excuses Owner and its attorneys from com- pliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute. (c) Engineer's professional responsibility shall comply with the standard of care applicable to the type of engineering services provided, commensurate with the size, scope and nature of the Project. (d) Engineer shall be completely responsible for the safety of Engineer's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to Engineer's employees irrespective of whether such injury or loss was in whole or in part caused or contributed to by Owner or Owner's agents or employees. (e) Engineer shall designate in writing a Project representative who shall have authority to bind Engineer, and to whom Owner should address communications. Before commencing work, Engineer shall identify to the Owner the employees Engineer intends to assign principal responsibility for services performed under the Agreement. Thereafter, Engineer shall not assign Project work to any person to whom Owner has reasonable objection. (f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Engineer shall submit to Owner for approval a schedule showing the order in which Engineer proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work. (g) Before undertaking any work which Engineer con- siders beyond or in addition to the scope of work and services which Engineer has contractually agreed to perform under the terms of this Agreement, Enginner shall advise Owner in writing (i) that Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the Engineer believes the out of scope or addi- tional work should be performed, and (iii) a reasonable estimate of the cost of such work. Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are Z. unable to agree as to compensation, then Engineer shall be compensated for his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule ". (h) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, explorations, and investigations have been made. Owner recognizes that because of inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total Project cost and /or execution. SECTION 3. OWNER'S RESPONSIBILITIES 3.1 Owner shall: (a) Designate a representative to whom all communica- tions from Engineer shall be directed and who shall have limited administrative authority on behalf of Owner to receive and trans- mit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy, nor to contract addit- ions or obligations exceeding a value which is the lesser of $10,000 or 5% of an awarded contract price. (b) Advise Engineer of Owner's Project requirements including: objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, required construction contract provisions and standards, and siting considerations. (c) Provide Engineer with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Engineer to have access to enter private and public property as required for Engineer to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Engineer, and render in writing decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from -7- Engineer, obtain required approvals and permits for the Project. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circum- stances. However, given the nature of Owner's internal organiza- tion and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact. (i) Owner shall be responsible for the safety of Owner's employees on the Project site during construction phase and shall hold Engineer harmless and indemnify Engineer from any and all injury to Owner's employees occurring on the Project site during the construction phase. (j) Owner shall include a provision in all construction contracts providing for the Contractor to indemnify Engineer to the same extent as the Contractor is required to indemnify the Owner. SECTION 4. TIME FOR PERFO Engineer's obligation to render services shall continue for such period of time as may reasonably be required for completion of the work contemplated in Appendix A - Scope of Services and Section 1 of this Agreement. SECTION 5. PAYMENT 5.1 Owner will pay to Engineer as full compensation for all services required to be performed by Engineer under this Agree- ment, except for services for additional work or work beyond the scope of this Agreement, a maximum amount not to exceed $ 6,80( -2_ to be computed in accordance with this Section and Appendix B - "Fee Schedule ". 5.2 Engineer shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount, for actual professional services rendered and reimburseable expenses incurred. Such applications shall be submitted with appropriate documentation that such services have been performed and expenses incurred. Thereafter, Owner shall pay Engineer for the amount of the application within 40 days of the date of billing, provided that sufficient documentation has been furnished, and further provided that Owner will not be required to pay more than 75% of the maximum amount unless the Engineer's services on the Project phases for which this Agreement is appli- cable have been satisfactorily completed and all required Engineer submittals have been provided. 5.3 The rates of compensation for service and for reimburse - able expenses to be used with periodic and final payment applica- tions shall be those set forth in Appendix B - "Fee Schedule ". 5.4 No separate or additional payment shall be made for profit, overhead, local telephone expenses, lodging, routine photocopying, secretarial or clerical time or similar expenses unless otherwise provided and listed in Appendix B - "Fee Schedule ". 5.5 No compensation shall be paid to Engineer for services required and expenditures incurred in correcting Engineer's mistakes or negligence. 5.6 Compensation for authorized work beyond the scope of this Agreement shall be governed by Paragraph 2. 5 (,f') (t- SECTION 6. TERMINATION 6.1 The Owner reserves the right to terminate this Agreement and Engineer's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termina- tion, Engineer shall cease all work and stop incurring expenses, and shall promptly deliver to the Owner all data, Drawings, Specifications, reports, estimates, calculations, summaries and all other information, and materials as Engineer may have accumu- lated in performing this Agreement, together with all finished work and work in progress. 6.2 Upon termination of this Agreement for events or reasons not the fault of Engineer, Engineer shall be paid at the rates specified in Appendix B - "Fee Schedule" for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Owner or Engineer. 6.3 In the event termination of this Agreement or Engineer's services is for breach of this Agreement by Engineer, or for other fault of Engineer including but not limited to any failure to timely proceed with work, or to pay its employees and consultants, or to perform work according to the highest professional stan- dards, or to perform work in a manner deemed unsatisfactory by Owner's Director of Public Works, then in that event, Engineer's entire right to compensation shall be limited to the lesser of (a) the reasonable value of completed work to the Owner as determined by Owner's Director of Public Works or (b) 75% of the rates speci- fied in Appendix "B" for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. 6.4 Engineer's professional responsibility for his completed mom work and services shall survive any termination. SECTION 7. GENERAL PROVISIONS 7.1 Ownership of Documents. All designs, Drawings, Speci- fications, technical data, and other documents or instruments procured or produced by the Engineer in the performance of this Agreement shall be the sole property of the Owner and the Owner is vested with all rights therein of whatever kind and however created, whether created by common law, statutory law, or by equity. The Engineer agrees that the Owner shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data pertaining to the work to be performed under this Agreement. In the event Owner uses the designs, Drawings or Specifications provided hereunder for another project independent from Project, without adaptation by Engineer, Owner shall hold harmless and indemnify Engineer from all loss, claims, injury and judgments arising from the use of such designs, Drawings or Specifications for such other project. 7.2 Insurance and Indemnity (a) Engineer agrees that he has procured and will main- tain during the term of this Agreement, such insurance as will protect him from claims under workmen's compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any of his employees or of any person other than his employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Engineer shall obtain and keep in force is as follows: (i) Workmen's Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Five Hundred Thousand and No /100 Dollars ($500,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, Five Hundred Thousand and No /100 Dollars ($500,000.00) per occurrence for property damage, and Two Million and No /100 Dollars ($2,000,000.00) for excess umbrella liability. (iii) Professional Liability Insurance in amounts and form, and with a deductible, acceptable to Owner. (c) Engineer agrees to hold harmless, defend and indemnify Owner from and against any liability to third parties, -10- arising out of negligent acts, errors or omissions of Engineer or his employees. 7.3 Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either the Owner or the Engineer by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal services when deposited in the United States mail, first -class postage prepaid, addressed to the Owner, Attention: Tom Cvar , Department of Public Works, 211 E. AAA "D" Street, { Z_250 2 1 P Colorado, or to the Engineer at CA CA r\ Way , �- Either party may change his address for the purpose of this para- graph by giving written notice of such change to the other party in the manner provided in this paragraph. 7.4 Entire Agreement. This instrument contains the entire agreement between the Owner and the Engineer respecting the project, and any other written or oral agreement or representation respecting the Project or the duties of either the Owner of the Engineer in relation thereto not expressly set forth in this instrument is null and void. 7.5 Successors and Assigns This Agreement shall be binding on the parties hereto and on their partners, heirs, executors, administrators, successors, and assigns. Provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to the Engineer may be assigned by him without the written consent of the Owner. 7.6 Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by written Amendment signed by an authorized representative of Engineer and by Owner's Director of Public Works. 7.7 Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. 7.8 Equal Employment Opportunity. In connection with the performance of this Agreement, Engineer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, handicap or age. Engineer shall endeavor to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, handicap or age. 7.9 Severability If any provision of this Agreement, except for Section 2.5, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that Section 2.5 of this Agreement not be severable, and that if any provision of said section be deter- -11- mined to be contrary to law or the terms of any federal grant, then this entire Agreement shall be void. SECTION 8. DISPUTES 8.1 Any dispute or disagreement between Engineer and Owner arising from or relating to this Agreement or Engineer's services or right to payment hereunder shall be determined and decided by the Owner's Director of Public Works whose written decision shall be final and binding unless judicial review is sought in a Colorado Court of competent jurisdiction pursuant to Rule 106, C.R.C.P. 8.2 Pending resolution of any dispute or disagreement, or judicial review, Engineer shall proceed diligently with perform- ance of his work under this Agreement. SECTION 9. APPENDICES 9.1 The following Appendices are attached to and made a part of this Agreement: Appendix A - "Scope of Services" consisting of 7 pages Appendix B - "Fee Schedule" consisting of 2 pages. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO ENGINEER By By `nA Ti e: 13E51VF/vT OP-�- TNf et / Title: -12- Appendix A SCOPE OF SERVICES This Scope of Services defines specific professional engineer- ing services related to the design of multiple pump stations and force mains necessary to transmit sewage from the Pueblo Airport Industrial Park to the City's main wastewater treat- ment plant. This project is described in greater detail in the Supplement to Pueblo Airport Industrial Park Wastewater Treatment Plan Preliminary Engineering Study prepared for the City of Pueblo in February 1989. It is presently antic- ipated that the project will consist of three lift stations, three segments of force main, and four segments of gravity sewer totalling approximately 26,000 linear feet. The exact number of lift stations and location of the pipeline will be determined during the preliminary design phase. Specific services to be provided are as follows: BASIC DESIGN SERVICES PRELIMINARY DESIGN Provide a preliminary design to define the scope and character of the facilities to be constructed to implement the recommen- dations of the preliminary engineering study. Specific tasks to be included in this preliminary design are as follows: 1. Prepare and submit five copies of technical memoranda (TM) on the following topics: o System design criteria, including pipeline materials and configuration,.pump type and configuration, HVAC, plumbing and electrical criteria o Odor and internal corrosion of pipelines o Major equipment selection o System control and operation o Civil, structural, and architectural criteria o External corrosion and material selection 2. Meet with OWNER one time to review TMs 3. Conduct preliminary route selection, including the following: o Preliminary route survey DEN /700T/029 A -1 o Preliminary right -of -way (ROW) evaluation o Meet with OWNER, Colorado Department of Highways (CDOH) and affected railroads (RR) one time each to discuss preliminary route selection o Summary memo and maps (submit five copies) 4. Coordinate and furnish personnel and equipment for test borings, subsurface exploration, and other foundation related investigations which are customary for this type of work and which may be required for design of the project. 5. Prepare opinion of construction cost for facilities defined which are customary predesign level of effort based on professional engineering judgement. 6. Prepare summary, assemble TMs and route selection mate- rial into draft Preliminary Design Report. Submit five copies to OWNER to review. Meet with OWNER to discuss and resolve comments. Prepare final draft Preliminary Design Report and submit five copies for use in review by affected agencies. 7. Prepare Site Application for facilities defined, and meet with Department of Health personnel relative to the application. 8. Finalize Preliminary Design Report and deliver 10 copies to OWNER. FINAL DESIGN For the design described in the Preliminary Design Report, prepare Contract Documents consisting of drawings, specifi- cations, and other documents including proposal forms, notice to bidders, general and special conditions, and bond forms as customarily made available for bidding and construction of this type of project. As part of the final design, include the following specific services. 1. Coordinate and furnish survey and mapping and /or photo - grammetric personnel and equipment required to obtain field information necessary to prepare drawings and specifications for the project. 2. Provide general information in regard to the project and consult with the OWNER, or those designated by the OWNER to review necessary agreements drafted by the ENGINEER, such as those for bidding and construction documents, and other items which involve OWNER policy, legal precedent or current practice. Such review by DEN /700T/029 A -2 the OWNER shall specifically include requirements for project insurance, bonds, liquidated damages, and pay- ment provisions. 3. Provide five copies of drawings and specifications for review by the OWNER at approximately the 40 percent and 90 percent completion status of the final design prepara- tion. Meet with the OWNER'S staff at these times to review progress, and receive and resolve OWNER comments on the design. 4. Meet with representatives of the Colorado Department of Health, Colorado Department of Highways, and affected railroads one time each to discuss issues affecting the design of the project. 5. Prepare an opinion of construction cost based on the drawings and specifications at approximately the mid- point of the design. Update this cost opinion upon completion of the Contract Documents to reflect changes in the design which occurred after preparation of the first cost opinion. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the Project, the Engineer has no con- trol over cost of price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; compet- itive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may mate- rially affect the ultimate Project cost or schedule. Therefore, the Engineer makes no warranty that the Owner's acutal Project costs, financial aspects, eco- nomic feasibility, or schedules will not vary from the Engineer's opinions, analyses, projections, or estimates. 6. Provide the OWNER with 10 copies of the final Contract Documents, and camera -ready reproducible versions of the Contract Documents. Provide information regarding the design, and assist the OWNER in submitting the Con- tract Documents for appropriate regulatory agency reviews. ADDITIONAL DESIGN SERVICES 1. At the request of the OWNER, meet with the OWNER, Colo- rado Department of Highways, affected railroads, and other parties as required to obtain rights -of -way,, per- mits and project information. DEN /700T/029 A -3 2. Prepare legal descriptions of property as required for obtainment of easements, rights -of -way, crossing per- mits, and similar items. Submission or application of agreements or permits and any fees or similar payments shall be the responsibility of the Owner. 3. At the request of the OWNER, and as mutually agreed by the ENGINEER, provide other design - related services. ENGINEERING SERVICES DURING CONSTRUCTION This scope of work does not include resident observation services that the ENGINEER usally provides on similar proj- ects. ENGINEER shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of such work. ENGINEER shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by contractors or the safety pre- cautions and programs incident to the work of Contractors. ENGINEER's efforts will be directed toward providing a greater degree of confidence for OWNER that the completed work of contractors will generally conform to the Contract Documents, but ENGINEER shall not be responsible for the failure of contractors to perform the work in accordance with the Contract Documents. During such visits and on the basis of on -site observations, ENGINEER shall keep OWNER informed of the progress of the work, shall endeavor to guard OWNER against defects and deficiencies in such work and may disapprove or reject work failing to conform to the Contract Documents. OWNER and its resident observers will give prompt written notice to the ENGINEER whenever they become aware of any actual or suspected defect in the work of th ENGINEER so that the ENGINEER will have the maximum opportunity to miti- gate any damages from such defect. 1. Print 100 sets of specifications and half -scale drawings for the PROJECT. Distribute to potential bidders, plan rooms and regulatory agencies. Prepare, print, and distribute addenda, prebid meeting minutes and other bid clarifications as are customarily distributed to bidders. 2. Respond to questions from bidders, interpret Contract Documents and prepare addenda as needed to modify or clarify the Contract Documents. 3. Attend and conduct one prebid meeting. 4. Attend bid opening. Assist in receiving, tabulating, and evaluating bids. Assist in recommending award. DEN /700T/029 A -4 5. Provide technical interpretations of Contract Documents during construction and evaluate requested deviations from the original design. Review required contractor submittals for conformance with the design intent infor- mation given in the Contract Documents. Such review is not intended as an approval of the submittals if they deviate from the Contract Documents or contain errors, omissions, and inconsistencies, nor is it intended to relive the Contractor of his full responsibility for Contract performance, nor is the review intended to ensure or guarantee lack of inconsistencies, errors, and /or omissions between the submittals and the Con- tract requirements. 6. Review proposed change orders to determine compliance with the design intent of the PROJECT. Provide draw- ings specifications and time and cost estimates to assist in change order preparation and evaluation. 7. Attend a preconstruction meeting and make periodic site visits approximately twice per month to observe the work progress and quality to determine, in general, if the work is proceeding in accordance with the intent of the Contract Documents. Provide observation of the start of specific construction activities such as the start of pipe laying, tunneling, and concrete pouring to provide Owner with reasonable assurance that project is being constructed in accordance with the intent of the Contract Documents. 8. Visit the site before construction to assist the City's construction inspector in setting up project forms, procedures, and files related to inspector duties, including the following: o Day -to- day observation of construction work, rejecting work not in accordance with the Contract Documents and resolving issues related to Contract Document intent and com- pliance with same o Preparing recommendations for and processing periodic progress payments o Maintaining information for use in preparing record drawings o Establishing base lines and benchmarks for facility layout and field checking contractor's layout before construction o Receiving, tracking, and expediting submittals DEN /700T/029 A -5 o Coordinating testing and reviewing results of testing and inspections required by the Con- tract Documents o Negotiating and assisting in issuing change orders o Conducting and documenting weekly progress and coordination meetings Meet with the City's inspector periodically during con- struction or at times requested by the OWNER to assist in these items or in specific construction issues. 9. Assist the city inspector in field testing of major equipment items and operating systems to verify capac- ities and operating characteristics in conformance with the intent of the Contract Documents. Assist operating staff in the initial operation of major equipment items and major operating systems to verify compliance with the intent of the Contract Documents. 10. Make a final review of the Construction to determine, in general, if the Work has been completed in confor- mance with the intent of the Contract Documents and submit a final letter report. 11. Prepare and deliver upon completion of the project one set of mylar reproducible drawings revised into record drawings, based on information provided by field staff, contractors, suppliers, and other others. Also provide one blueline set of the record drawings. 12. Provide five copies of an operations manual for the project and ancillary facilities; the normal, abnormal, and emergency modes of operation; and startup and shut- down procedures. The manual will contain verbal descrip- tions, clarified by schematic drawings, construction drawings, or detailed figures as appropriate. Receive from the Contractor, review, and provide to the OWNER three copies of manufacturers' maintenance instructions. Include in these manuals lubricant recommendations; lubrication instructions and schedules; service and adjustment procedures, recommendations, and schedules; power and utility requirements and connection points; spare parts lists; lists of suppliers; and descriptive catalog information. 13. Provide 3 man -days for training assistance for the instruction of city staff in the operation, maintenance, and testing of the facilities. Training will include startup, shutdown, emergency, and normal operating pro- DEN /700T/029 A -6 cedures. In addition to the by CH2M HILL, arrange for an of qualified representatives turers to assist in training and maintenance of specific 3 days of training provided d coordinate the services from equipment manufac- city staff in operation equipment items. DEN /700T/029 A -7 Appendix B FEE SCHEDULE Compensation by the OWNER to the ENGINEER for professional engineering services related to the Airport Industrial Park (AIP) wastewater management system will be as follows: COST REIMBURSABLE- MULTIPLIER (TIME AND EXPENSE) For services enumerated in Appendix A- -Scope of Services, the ENGINEER's Salary Costs multiplied by a factor of 2.17, plus Direct Expenses. UPPER LIMIT The upper limits for time and expense charges are hereby established: Work Phase Basic Design Services Additional Design Services Services During Construction Total Upper Limit Amount Upper Limit $221,100 20,000 85,700 $326,800 The total upper limit amount shall not be exceeded without written authorization from the OWNER. Where mutually agreeable, the upper limit may be adjusted if changes in the Scope of Services occur. SALARY COSTS Salary Costs are the amount of wages or salaries paid ENGI- NEER's employees for work directly performed on the PROJECT plus a percentage applied to all such wages or salaries to cover all payroll- related taxes, payments, premiums, and benefits. DIRECT EXPENSES Direct Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary trans- portation costs, including current rates for ENGINEER's vehicles; meals and lodging; laboratory tests and analyses; computer serves; word processing services; telephone, print- ing, binding and reproduction charges; all costs associated DEN /40X/087 B -1 with outside services and facilities; and other similar costs. Reimbursement for Direct Expenses will on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by ENGINEER. DEN /40X/087 B -2 CH2M HILL, INC. I, ELIZABETH A. McADAMS, Assistant Corporate Secretary of CH2M HILL, INC., being first duly sworn, do hereby certify that the following is a true copy of a Resolution adopted by the Board of Directors of CH2M HILL, INC. at its meeting on June 18, 1988: BE IT RESOLVED that the authority to execute, on behalf of this corporation, or any of its affiliates or sub- sidiaries, agreements pertaining to performing services for clients is hereby granted by this Board of Direc- tors to all designated officers of the corporation, District Managers, Regional and Area Office Managers, Division and Department Managers, Discipline and Assis- tant Discipline Directors, Discipline and Assistant Discipline Group Directors. BE IT FURTHER RESOLVED that the President or Executive Vice President may, from time to time, authorize indi- vidual employees of the corporation, or any of its af- filiates or subsidiaries, to execute agreements per- taining to performing services for clients. Provided, however, that such authorization is in writing author- izing the individual by name and title to execute agreements. I hereby further certify that SCOTT B. AHLSTROM is a Division Manager of CH2M HILL CENTRAL, INC., a wholly owned subsidiary of CH2M HILL, INC., and in accordance with the above Resolution, is authorized to sign contracts. Elizabeth A. McAdams Assistant Corporate Secretary County_ of Arapahoe Statte of Colorado SUBSCRIBED AND SWORN to before me this lm_ of , 1989. Virgi is F. Mares My Commission expires: b a-p( 9 L r008/2