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HomeMy WebLinkAbout85-79 RESOLUTION41 • • • • • • • • • RESOLUTION NO. C; ----"P A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES WITH MCGOODWIN, WILLIAMS AND YATES, INC. FOR THE RELOCATION OF WATER AND SEWER LINES ALONG U.S. HIGHWAY 62 WEST. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract for engineering services with McGoodwin, Williams and Yates, Inc. for the relocation of water and sewer lines along U.S. Highway 62 West. A copy of the contract authorized for execution hereby is attached hereto, marked Exhibit "A", and made a part hereof. PASSED AND APPROVED this 18111' day of 1979 :ATTEST::Cr ';47-romia4Cat fi attede -;CITY LERK: ''fir sr, APPROVED: tAegvou,i4,,,,, MICROFILMED 1979 DATE REEL • CITY OF FAYETTEVILLE, ARKANSAS AGREEMENT FOR ENGINEERING SERVICES WATER AND SEWER FACILITIES IMPROVEMENTS • . EXHIBIT A THIS AGREEMENT, made and entered into this )t -ti‘ day of 1979, by and between the City of Fayetteville, Arkansas, a municipal corporation organized and existing under and by virtue of the laws of the State of Arkansas, and acting through its Board of Directors, hereinafter referred to as the "City," and McGoodwin, Williams and Yates, Inc., Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "Engineer," WITNESSETH THAT: WHEREAS, the Arkansas State Highway and Transportation Department proposes to reconstruct and improve U. S. Highway 62B from South School Street to U. S. Highway 71 Bypass and U. S. Highway 62 from Highway 71 Bypass to a point just west of the city of Farmington, Arkansas; and WHEREAS, in order to accommodate this proposed highway construction, certain reconstruction and relocation of water and sewer facilities owned by the city of Fayetteville will be required; and WHEREAS, the City desires to employ the Engineer to provide engineering services in the design and construction of these water and sewer facilities; and WHEREAS, the Engineer has satisfactorily completed previous engineering assignments for the City and has the necessary personnel and equipment to complete the work in a timely manner; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City and the Engineer, the parties hereto, stipulate and agree that the City does hereby employ the Engineer to perform the required engineering services as hereinafter set out and the Engineer agrees to provide said services. The scope of the work and other conditions of employment are as follows. Section I. Scope of the Project The Arkansas State Highway and Transportation Department proposes to construct their work in three phases. Phase I includes that section between Garland Avenue and U. S. Highway 71 Bypass. While the work covered by this agreement includes all work necessary for the entire project, work required by Phases II and III of the highway reconstruction will be commenced only upon written authorization by the City. Section II. Scope of Engineering Services The Engineer shall provide at his own expense a suitable engineering staff to perform the necessary studies, to design and prepare plans and specifications, and furnish engineering surveillance and inspection for the construction of improvements. The engineering staff shall consist of engineers, inspectors and • other assistants as may be necessary to carry on the engineering work in an efficient and expeditious manner. The required engineering services shall be as follows: A. Studies and Reports A preliminary engineering study will be conducted to establish project guidelines so that policy decisions and final designs for the project can be made. Specific recommendations will be made concerning the lines required to be relocated in order to minimize interference with construction and operation of the proposed highway facility. Additionally, in the case of water lines, recommendations will be made concerning increased line sizes and additional ties to the existing distribution system where deemed necessary. A preliminary engineering report will be prepared setting out the Engineer's findings, and will include cost estimates on the work proposed to be constructed. B. Preparation of Plans and Specifications and Furnishing of Engineering Surveillance of Construction Based upon preliminary engineering studies, and upon approval of project financing and authorization by the City, the Engineer will provide the following services: 1. Prepare final design for the project. 2. Prepare detailed construction specifications and contract drawings. 3. Prepare detailed cost estimates of the authorized construction. The Engineer shall not be required to guarantee that these estimates will not be exceeded by the bids received for the work. 4. Establish the scope of any soil investigations, special surveys or testing which, in his opinion, may be required for design and arrange with the City the conduct of such investigations and tests (cost of such tests to be borne by the City). 5. Furnish to the City, where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits and approvals by local, state, and federal authorities. 6. Furnish to the City all necessary copies of approved plans, specifications, notices to bidders and proposal forms. 7. Assist the City in the opening and tabulation of bids for construction of the project and consult with the City as to the proper action to be taken, based on the engineering considerations involved. - 2 • • 8. Assist in the preparation of formal contract documents for the contracts. 9. Furnish professional engineers to make periodic visits to the site (as distinguished from the continuous services of a resident Project Representative) to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents. In performing these services, the Engineer will endeavor to protect the City against defects and deficiencies in the work of the contractor; but he cannot guarantee the performance of the contractor, nor be responsible for the actual supervision of construction operations or for the safety measures that the contractor takes or should take. 10. Furnish the services of resident Project Representatives and other field personnel for continuous on -the -site observation of construction and for the performance of required construction layout surveys. The authority and duties of such resident Project Representatives are limited to examining the material furnished and observing the work done and to reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgment in the selection of competent Project Representatives, and the Engineer will use diligence to see that the Project Representatives are on the job to perform their required duties. It is agreed, however, that the Engineer does not underwrite, guarantee, or insure the work done by the contractor; and, since it is the contractor's primary responsi- bility to perform the work in accordance with the contract documents, the Engineer is not primarily responsible nor primarily liable for the contractor's failure to do so. Failure by any Project Representative or other personnel engaged in on -the -site observation to discover defects or deficiencies in the work of the contractor shall not relieve the contractor for primary liability therefor. 11. Consult and advise with the City; issue all instructions to the contractor requested by the City; and prepare routine change orders as required. 12. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the contractor submits. This review is for the benefit of the City to insure general conformance with the design concept of the project and general compliance by the contractor with the information given by the contract documents. It does not relieve the contractor of any responsibility such as dimensions to be confirmed and correlated at the job site, appropriate safety measures to protect workers and the public, or the necessity to construct a complete and workable facility in accordance with the contract documents. 3 • 13. Prepare and verify monthly and final estimates for payments to the contractor and furnish to the City any necessary certifi- cations as to payments to contractors and suppliers; assemble written guarantees which are required by the contract documents. 14. Conduct, in company with the City, a final inspection of the project for conformance with the design concept of the project and compliance with the contract documents, and approve in writing final payment to the contractor. 15. Furnish to the City two copies of the revised contract drawings to show the work as actually constructed. Section III. Payment In consideration of the performance of the foregoing services by the Engineer, the City shall pay to the Engineer as full compensation for such services fees as hereinafter set out. A. For studies and reports, design, and preparation of construction plans and specifications and contract documents, a fee in the amount of seven percent (7%) of the cost of construction. This fee shall be payable as follows: 1. Fifty percent (50%) of this fee shall be payable when the required studies have been completed and when the detailed engineering work on the contract plans and specifications is approximately 50 percent complete as certified by the Engineer. 2. Forty percent (40%) of this fee shall be payable when contract plans and specifications are completed and approved by the City. It is assumed that adequate engineering plans, drawn in accordance with the City's instructions and meeting the requirements of the Arkansas Department of Health and any cooperating state or federal agencies, will be approved. 3. Ten percent (10%) of this fee shall be payable when bids have been received and reviewed. If bids have not been received within four months after plans are completed, then this amount shall be due and payable. The estimated cost shall be used as a basis for monthly, partial or final payments until the actual costs have been established by bid proposals or by contracts for construction. The cost used as a basis for computation of payments means the actual or estimated construction cost to the City for the entire project, whether constructed or not, on which plans and specifications have been completed. B. For engineering services during construction including, but not limited to, periodic visits by professional engineers, continuous on-site observation by resident Project Representatives, staking of construction, consultation with the City, and other services as required, a fee in the amount of five and one-half percent (5.5%) of the cost of construction. - 4 • • r.A • • This fee shall be payable monthly and shall be based upon the cost of construction actually completed. C. For any additional services required by the City for which fees cannot be determined in accordance with the above schedule, payment shall be made on salary cost times a multiplier of 2.5 for overhead and profit plus direct expenses at cost. For this agreement, direct expenses are defined as those costs incurred by the Engineer for the purchase of any special equipment required for this project. Prior authorization shall be obtained from the City for all direct expenses. After completion of the project, any equipment paid for under direct expenses shall become the property of the City. Salary cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveyors, clerks, laborers, etc., for time directly chargeable to the project, plus Social Security contributions, employment compensation insurance, payroll taxes, retirement benefits, medical and insurance benefits, sick leave, vacation and holiday pay. If any of the work designed or specified is suspended for an extended period, of time or abandoned as a result of orders from the City, the Engineer shall be paid for work actually completed and approved by the City, payment therefor to be based, as far as possible, upon the fee established herein. Construction cost is defined as the total cost to the City for the execution of the work authorized at one time and handled in each separate phase of engineering services, excluding the cost of land, rights of way, and legal and administrative expenses; but including the direct cost to the City of all con- struction contracts, items of construction, including labor, materials and equipment required for the completed work (including extras), and the total value at site of project of all labor, materials and equipment purchased or furnished directly by the City for the project. Section IV. Other Provisions of the Contract In connection with the project, the City shall: A. Give thorough consideration to all documents presented by the Engineer and inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. B . Make provision for the employees of the Engineer to enter public and private lands as required for the Engineer to perform necessary preliminary surveys and investigations. C. Obtain the necessary lands, easements and rights of way for the con- struction of the work. The cost of all required property surveys and abstract work shall be borne by the City. D . Furnish the Engineer such plans and records of construction and operation of existing facilities, or copies of same, bearing on the proposed work as may be in the possession of the City. Such documents or data will be returned to the City upon completion of the work, or at the request of the City. E . Pay the cost of making necessary soundings, borings, analyses of materials and laboratory work exclusive of the Engineer's supervision thereof. - 5 S J • • • F. Pay all plan review costs and all cost of advertising in connection with the project. All drawings, specifications and other work product of the Engineer for this project are instruments of service for this project only and shall remain the property of the Engineer whether the project is completed or not. Reuse of any of the instruments of service of the Engineer by the City on extensions of this project or on any other project without the written permission of the Engineer shall be at the City's risk and the City agrees to defend, indemnify and hold harmless the Engineer from all claims, damages, and expenses including attorneys' fees arising out of such unauthorized reuse of the Engineer's instruments of service by the City or by others acting through the City. Any reuse or adaptation of the Engineer's instruments of service occurring after the written agreement of the Engineer shall entitle the Engineer to further compensation in amounts to be agreed upon by the City and the Engineer. The Engineer shall furnish the City two copies of "as -built" drawings of each phase of the project at his expense; and the City may, at its expense, retain reproducible copies of drawings and copies of other documents and, in consideration of which, it is mutually agreed that the City will use them solely in connection with the project, save with the express consent of the Engineer. Reuse for new projects by the City may require permission of the Engineer and may entitle him to further compensation. This agreement shall be binding upon the parties hereto, their partners, heirs, successors, administrators and assigns; and neither party shall assign, sublet or transfer his interest in this agreement without the prior written consent of the other party hereto. It is further agreed that any dispute which might arise be subject to arbitration at the choice of either the City or the Engineer. IN WITNESS WHEREOF, the City has caused these behalf by its duly authorized representatives, and authorized representatives, and the parties hereto on the date heretofore set out. ' ,A)Attest: I4N dlock, City Clerk Attest: • • ea tat) LnJL' Z. oxc.- Jacqueline S. :Ross, Secretary C *+ presents to be executed in its the said Engineer by its duly have set their hands and seals CITY OF FAYETTEVILLE, ARKANSAS David R. Malone, Mayor McGOODWIN, WILLIAMS AND YATES, INC - 6