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HomeMy WebLinkAboutRes 8051 RESOLUTION NO. 8051 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT EMPLOYING COOK ASSOCIATES TO PROVIDE ENGINEERING SERVICES RELATING TO WATER SYSTEM IMPROVEMENTS, PROJECT 79-1 AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District that COOK ASSOCIATES be, and they are hereby, employed as Engineering Consultants with respect to Water System Improvements, Project 79-1; and BE IT FURTHER RESOLVED that the employment of COOK ASSOCIATES shall be as provided in the agreement, a copy of which has been attached hereto and marked Exhibit "A", and BE IT FURTHER RESOLVED that the Vice President, in the absence of the President of the Board of Directors, be authorized to sign, and the District Clerk thereof be authorized to attest, that certain agreement employing said COOK ASSOCIATES to do and perform the services therein set forth and upon the compensation therein provided for. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on the 12th loo� day of August, 1980, by the following roll call vote. AYES: Duffy, Huber, Maass NOES: None ABSENT: Kuttel and Sutton TRUCKEE DONNER PUBLIC UTILITY DISTRICT By �, Junes A. Maass, Vice President ATTEST: Susan M. Craig, Deputy 1strict Clerk smc 8/13/80 I I A I:Orlll Froil IA 442,19 (Rcv.:!-17-76) AG-REEMENT FOR ENGINFF_IZING SERVICES ------------------ day or ---- ---- 19 AQ- I HIS AGREE.DENT,made this ---------7 Truckee Donner Public Utility District ...................... hereafter byand between ------------------------------------------------------------------ ----------------------------------------- ..........Cook ------_------------- Associates.) Engineering Consultants referred to as the OWNER,and ----- ----__---- ------------------------- hereinafter referred -- to as the ENGINEER: The OWNER intends to construct ac water sv*,tem improvements--t--tli,5, T-rue-ke-e Donn- -Rubl-ic­ Utility District water facilities - installing water PLIMPS, reconstruction of a booster pump station and var California which in —--------N-ev-ada---- -------------------- County. State of------------- ----------- may be paid for in part with Financial assistance from the United States of acting through the Farmers Hone Administration of the United States Department of Agriculture, h':'cinafter referred to as FmHA, pursuant to the Consolidated Fa Tin and Rural Development Act, (7 U-S.C. 1921 et seq.) and the ENGINEER agrees to perform the various professional engineering services required for the design and construction or said system. WITNESSETTI: That for and in consideration of the mutual covenants and promises between the parties hereto, it I I.s hereby agreed: SECTION A — ENGINEERING SERVICES The ENGINEER shall furnish basic engineering services as follows: 1. The ENGINEER determine project feasibility. will conduct preliminary investigations required to 2. The ENGINEER will prepare preliminary drawings and cost estimates. and guides. 3. The ENGINEER will prepare 3 preliminary engineering report following FmI­IA instructions to the � 4. The ENGINEER will furnish 10 copies Of the Preliminary engineering report,cost estimates, and layout maps OWN E R. 5. The ENGINEER will attend conferences with the OWNER and representatives of the FmIIA and other interested parties. 6. After tile preliminary engineering report has been reviewed by FmHA and the OWNER directs tile ENGINEER to -n surveys, accomplish the detailed design of tile project. proceed, the ENGINEER will perform tile necessary desi, prepare detailed drawings, specifications and contract documents, and make a f-L,,21 cost estirn:Ac based on the final design fur the entire system, it is also understood that if subsurface explorations such as borings,soil tests and the like are required to determine amounts of rock excavation or foundation conditions, the ENGINEER will furnish supervision of said explorations without additional charge, but the costs incident to such explorations, no matter whether they are performed by the ENGINEER or by others, shall be paid for by the OWNER as set out in Section D hereof. m -endorsed standard The contract documents furnished by the ENGINEER under Section A-6 above shall utilize F IIA 7. const[LIC6011 C0111FaCt ducuincrits. including FmIiA Supplemental General Conditions, Contract Change Orders and partial payment estimates. All of these documents shall be subject to FmIlAapproval. 8. prior to the advertisement for bids, the ENGINEER fur cacti contract will provide not to exceed 10 copies of detailed diawin.-s, specifications, and contract documents for use of the OWNER, FmIIA,and the appropriate Federal.State, f such drawings.specifications.and Obtained.The cost 0 slid local agencies from whom approval of the project must be contract documents shall be included in the basic compensation paid to the ENGINEER. p 9. The ENGINEER will furnish additional copies of the diawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge for the actual cost Of such Copies. Upon award of each contract, the ENGINEER will furnish to the 0%1*-&%ER five sets of the drawings,specifications and s shall be included in the basic compensation paid to the contract docustients for execution. The cost of these set ENGINEER. Original documents, survey notes, tracings.and the like,except those Furnished to the ENGINEER by the ! ZEER. 0%1,7,�ER,are and shall remain Elie Proper')' rNG N 10. The drawinys prepared by the LNUINEER under tiie rnv­ - I j. ve -.]%all be in sufficient detail to permit the actual location of the proposed improverlicirits on the ground.The L.NGINELK shaii pr%:I)ufc and furnish to the OW'N'ER without any alditiOna I cun1pensalion, three copies of a map showing the needed construction easements and permanent easements and the land to be acquired. property s.,Irveys, property plats, legal descriptions, and accomplished by the OWNER, unless the OWNER requests the ENGINEER to negotiations for land rights shall be accom 1(-) perform such services and make detailed surveys. perform these services. In the event the ENGINEER is requested the ENGINEER shall be additionally compensated as set out in Section D hereof. Position 6 FmHA 442-19 (Rev.2-17-761 11. The ENGINli1:R Will attend the bid opening and tabulate the bid proposals, m:rkc an analysis of the bird, and make rcc.rcumcnJations for awardin:;contracts for construction. 12. The ENC;1NVER will check and approve any necessary shop and working drawings furnished by contractors. 13. The ENGINI_'E 12 will interpret the intent of lire drawings and specifications to protect the OWNER defects and deficiencies in construction on %Iic part of the cuntracturs. Tire LNGINEER will not,.however, guarantee the performance by any contractor. 14. The ENGINEER will provide Ie 67ont:11 and .crtizal control in rite form of bench mark circuit and two base lines fat vertical control to be used by the contractor in staking the construction. Sewer lines shall be staked for laser beam construction by the ENGINEER. i 15. The ENGINLLR will provide general engineering inspection of the work of the contractors as construction progresses. Unless notified by the OWNER in writing that the OW,,'FR will provide for such inspection, the FNGlNEER will provide detailed resident construction inspection (RESIDENT INSPECTOR)for the additional compensation se[ forth in Section C. The ENGINEER does not guarantee the performance of the contracior(s) by the ENGINEER'S performance of such detailed construction inspection. The ENGINEER'S undertaking hereunder shall not relieve the the contractor of his ohli,tation to perform the work in conformity with the drawings and specifications and in a workmanlike manner: sliall not make the ENGINEER 2n insurer of the contractor's perfor ill ance'• and shall not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. 16. The ENGINEER will cooperate and work closely with FmHA representatives. 17. The ENGI\E:ER will review and approve estimates for progress and final payments. 18. The ENGINEER will make final inspection of all construction and a written certification of final inspection to the OWNER and I'rnliA. 19. The ENGINEER will ;.rovide the OWNER with one set of reproducible record (as-built) drawings, and two sets of prints at no additional cost to file OWNER.Such drawings will be based upon information provided by the RESIDENT INSPECTOR. 20. The ENGINEER will prepare notices and advertisement of final payments if required by state statutes. 21• The ENGINEER will be available to furnish engineering service and consultations necessary to correct all unforeseen project operating, difficulties for a period of 1 year after the date of final inspection and aeteptance of the facility by the OWNER and PnrIIA. This service will include instruction of the OIYNER in initial project operation and maintenance but will not include supervision of normal operation of the system.Such consultation and advice shall be furnished without additional charge except for travel and subsislance costs. 22. T-he ENGINEER further agrees to obtain and maintain, at the ENGINEER'S expense, such insurance as will protect him and the OWNER from claims under the Workman's Compensation Act and from all claims for bodily injury,death, } or property damage which pray arise from the negligent performance by the ENGINEER or by the ENGINEER'S employees of the ENGINEER'S functions and services required under this Agreement. 23. The ENGINEER further aorecs to provide the operation and maintenance manual for waste treatment facilities when required by the Environmental Protection A^ency or FmEIA for Sa��licable___- 24. Tire services called for in Section A-1 through A4 of this Agreement shall be completed and the report submitted by Previously completed /IJo rc) After acceptance by the OWNER and FmHA of the Preliminary Engineering Report and upon written authorization from the OWNER. the ENGINEER will complete final plans, specifications and contract documents and submit for approval of the OWNER. FmIIA and all State regulatory agencies by_.__— 8 18/SO----- — unless otherwise agreed to by both parties. (Dare) If the above is not accomplished within the time period specified, this Agreement may be terminated by the 4DNVNNER. — 2/— SECT"ION I3 — CO\11'ENSAI ION FOR BASIC SI.iLVtCIiS The OWNER shall compensate- the I-NGINI Eft fry, basic tnZiriec•ring, services not to exceed percentae es of the Total m Actual CUStrtictiorl Costs shown in Aticichrmrnt I which is ati:rclied hereto-and made a part hereof. the CUI3.,trilction costs un which the c�rnpcnsatiun for ha sic engineering services is determined shall exclude legal fees, administrative costs, en_;ineerin-g fees, land rights acquisition costs, seater costs, and interest expense incurred during the construction period. The compensation for basic engnuering services shall be payable as follows: previously paid R-2 _-_ - __.......Dollars S /_ oT__"_-_-_—------__� after the review of th4 ) 1. 7lu cunt of — --------------------------------------------- - ( ./ .ErEwiliri� T preliminary engineering report by the FmliA and acceptance by the OWNER. /3S J 2. A sum which together with the specific sum set forth in Section B-1 above equals seventy percent (70io) of the total compensation based on the final cost estimate payable after completion and submission of the final drawings, specifications, cost estimates, and contract documents,and the acceptance of the same by the OWNER and FmHA. 3. A sum equal to ten percent (10;0)of the total compensation based on construction contract costs payable immediately after the constitiction contracts are awarded. 4. A surtt equal to twenty percent (3() c)of the total compensation based on the actual construction costs will be paid on a monthly basis for general enginecring inspection of the contractor's work during the construction period on percentage ratios identical to those approved by the ENGINEER as a basis upon which to snake partial payinents to.the contiactor(s). However, final payment under this paragraph and of such additional sums as are due the ENGINEER by reason of any necessary adjustments in the payr:Ient computations will be in an amount so that the agsregate of all sums paid to the ENGINEER will equal one hundred percent (100%)or the basic compensation determined on actual total construction costs. Final payments shall not be made until it is determined that all services required by this Agreement have been completed except for the services set forth in Section A-21 hereof.If the total actual construction cost is less than the lowest total actual construction cost figure shown on Attachment I and the fee to be paid to the ENGINFE.R is a specific amount as set forth above, the percentage payments due the ENGINEER under Section B-2 throu'�h BA.inclusive,shall be coniputed by applying the applicable percentage to the specified total fee. SECTION C — COMPENSATION FOR DETAILED RESIDENT CONSTRUCTION INSPECTION AS SET FORTH IN SECTION A—I S Nryren the engineer provides detailed resident construction inspection, he will,prior to the preconstruetion conference, submit a resume of the construction inspectors' qualifications, anticipated duties and responsibilities for approval by the OWNFR and I inHA. Tile OWNER agrees to pay the ENGINEER for such service in accordance with the schedule set out in Attachment 1_ The ENGINEER will render to OWNER for such services an itemized bill,separate from any other billing,at the end of each month, for compensation for such services performed hereunder during such month,the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following month. Y — 3 — %FCT ION D — ADDI f10NAL ENGINNEFRING SI:R\'l(•liS In addition to the furcgoin- bcin^.performed,the following services may be pruvided UPON WRITTEN AUTIIORIZA- TION OF THE OWNER and approval of the FmIIA: 1. Sitc surveys for water treatment plants,scwal;c trcatmtent .works,dams and reservoirs. 2. l ahora[ory tects,wcll tests,hr�rings,specialized ,rolcigical,hydraulic or other studies reconnnended by the ENGINEER. 3. pruperty surveys, detailcd de.crtplions of sites, maps, clraswings, or estimates related thereto;assistance in negotiating for land and caserrtcnt rights. 4. Necessary data and filing maps for water tights,water adjudication,and litigation. S. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and FMHA. 6. Appearances before courts or boards on matters of litigation related to the project. r Payment for the services specified in this Section D shall be as agreed between the OWNER and ENGINEER and approved by Ft„IIA prior to commencement of the work,barring unforeseen circumstances,such payment should not exceed S not applicable _• The engineer will render to oswne ror such services an itemized bill,separate from any other billing, at ttre encl of each month for compensation for services pe.formed hereunder during such month,the same to be due and payable by ON%",-ER to the ENGINEER on or before the loth day of the folluwving month. ! SECTION E — APPROVAL BY FmHA This agreement shall not become effective until approved by Fntk1A. Such approval shall be evidenced by the signature of a duly authorized representative of F1nIIA in the space provided at the end of this Agreement.The approval so evidenced by FmHA shall in no way commit FmHA to render financial assistance to the OWNER, but in the event such assistance is provided, the approval shall si.-nify that the provisions of this Agreement arc consistent with the requirements of FmHA. t —4 _ INTERIM AGREENI :NT (For use only when OXYNER is not legally organized on the date the Agreement for Engineering Services is executed) r In lieu of the execution of the fore,;Oing Aluccinent for Ent;ineerino Series dated the ______________ -_-._day of --------- , 19 by the party designated as OWNER therein, the undersigned, hereiriafter referred to as In rclzlnl i'ARTIF;ti, have executed this Interim Agreement in consideration of the services described in Section A-1 through A-5, inclusive, of said Agreement for Engineeriny Services to be perfunnrd by the EIvGIN1:I:R,and the ENGINEER agrees to accept this Interim N re Agreement as evidence by EGINELR'S execution heof contemporaneously- with the execution of the A;reement for Lnoinecring Services.The ENGINEER also agrees to perform the services set forth in said Section A-1 through A-5, inclusive-of said Agreement in consideration of the suin stated in Scction B-1 of said Agreement to be paid in the manner set forth tlserein. It is anticipated that the OXYNER shall promptly become a legal entity with full authority to accept and execute said Agreement for Engineering Services and that the OWNER,after becoming so qualified, shall promptly take such action as necessary to adopt, ratify, execute, and becurne bound by the Agreement for Engineering Services. The ENGINEER agrees that upon such due execution of the Agreement for Erleineerin^ Services by the ONNNER, the INTERIM PARTIES auto- matically will be relieved of any re',Pnrtsibility or of liability assurned by their execution of this Enlerim Agreement,and that the ENGINEER will hold the OWNER solely responsible for performance of the terms and conditions imposed upon the OWNER by the Agreement for Lngincering Services, including the payment of all sums specified in Section B-1 of said Agrcemesit. If the OWNER is not legally organized, or if after being duly organized it fails or refuses to adopt, ratify,and execute the Agreement for Engineering Services within 30 days from the date it becomes legally Organized end qualified to du so,or if for any Other reason the project fails to proceed beyond the preliminary stave described in Section A-1 through A•5, inclusive, of said Agreement, the IN1 E:RINI PARTIES agree to pay ENGINEER for such preliminary engineering-services an amount nut to exceed the sum specified therefor in Section B-1 of said Agreement. IN WITNESS WHEREOF, the parties hereto have executed,or caused to be executed by their duly authorized officials, this Agreement in duplicate this --------------—----—---—------------------------day of ——— — — -- - — — --— . 19 Not ap plicable r"• •Y.S.GOVERNMENT PRINTING OFFICE: r9/6-b6S4171 7 -IN WITNESS WHEREOF, the Parties ticreto have exe:itied. or caused to be executed by their duty authorized officials,this Aotccrnent in duplicate un the resl.ective dates indicated below. (SEAL) OWN FR: By L` Type Name James A. Ma3tas ---------- ATTEST yp _..___ -_--—`4—"-s�— ____---_.^-- --•----------- Title ice-President Type ;Name Date Title __Deputy__District_Cler�c._..-_— (SEAL) ENGINFER• , i ATTEST: By— Type hams ---—Dan J`Cook Type Name —__Lew-Hiatt--------------—___—_ Title—.—------—ciui -1 -title Civil Enginger —__—_--_-- Date APPROVED: FARMERS IIUME ADMINISTRATION BY Title l • 5 — Form FmHA 442-19 Attachment I Cali forni a and Hawaii Truckee Donner Public OWNER: Utility District i" ENGINEER: by: Dan J. Cook Date: FEES FOR BASIC ENGINEERING SERVICES AS A PERCENTAGE OF TOTAL MISTRUCTION COSTS The following fee schedule will be applicable to this project as provided for in Section 0 of the Agreement. Table II will apply to all items of the project except those specific items listed in Section 8 to which Table I will apply. Compensation under Table I will normally be reserved for projects or portions of a project which are unusually complex and require more extensive design con- siderations and project supervision than normally encountered on basic water and sewer projects. Such items might include mechanical and electrical equipment encountered in complex water or sewage treatment plants, intake• structures, complicated control systems, complex pumping plants and extensive hydraulic revisions to existing systems. Total Actual Table I Table II Construction Cost Fee Fee .--� $ 1 00,000 12.9 10.3 200,000 11 .4 9.2 300,000 10.1 8.6 400,000 9.4 8.2 500,000 9.0 7.8 6o0,000 8.6 7.3 700,000 8.2 7.1 800,000 8.0 6-7 906,000 7.9 6.5 1 ,000,000 7.7 6.3 2,000,000 7.0 5.8 The fee for project costs falling between the figures shown on Tables I and II will be interpolated to the nearest one-tenth of of one percent. Compensation may be negotiated on a lump-sum basis for all projects + costing $100,000 or less.