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HomeMy WebLinkAbout87-80 RESOLUTION• • RESOLUTION NO. 87.4d • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH COWDREY AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR A WATER LINE TO SUPPLY MT. OLIVE WATER ASSOCIATION. 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 with Cowdrey and Associates, Inc. to perform professional engineering services for a water line to supply Mr. Olive Water Association. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. r That this Resolution shall be effective upon approval by Mt. Olive Water Association and by the Fayetteville Board of Directors of a water supplycontract between the City of Fayetteville and Mt. Olive Water Association. PASSED AND APPROVED this /q�� day of 5 4•�m imalYCJTY C'ERK-1 :♦...,. :..,,. APPROVED: 1980. MICROFILMED • Y AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND COWDREY AND ASSOCIATES, INC. THIS AGREEMENT is made on this /9 day of(/i)jjJ11./ 1980, by and between the City of Fayetteville, Arkansas, hereinafter called the "City", and Cowdrey and Associates, Inc., an Arkansascorporation, hereinafter called the "Engineer". WITNESSETH: WHEREAS, the City intends to engage the Engineer to perform professional services for a Water Facility Improvement Project hereinafter called the "Project". NOW, THEREFORE, the City and Engineer, for the consideration as set forth herein and the mutual covenants and agreements herein, do agree as follows: ARTICLE I. SCOPE OF PROJECT. A. The City intends to supply water to the Mount Olive Water Association requiring the construction of a water transmission line including approximately 10,000 linear feet of line from the existing 8 inch water main on Armstrong Avenue in the Fayetteville Industrial Park to the south line of the Fayetteville Planning Area on Black Oak Road, a river crossing through the West Fork of the White River and a master meter pit located at the south line of the Fayetteville Planning Area. • ARTICLE II. ENGINEER'S SERVICES A. Basic Services. The Engineer agrees to perform professional services in connection with the Project as set forth below and contained within this Agree- ment. (1) Planning Phase. Before proceeding with the Design Develop- ment Phase, the Engineer shall: (a) Consult with the City to ascertain the requirements for • the Project. (b) Prepare a preliminary engineering study and report, which will consist of schematic design documents and reports of studies as necessary for review and approval by the City. (c) Prepare a statement of the Engineer's Opinion of the Construction Cost based upon the preliminary designs developed under this Phase. (2) Design Development Phase. Upon approval of the Project and authorization by the City, the Engineer shall: (a) Prepare the required Contract forms including proposal forms and notice to bidders, drawings, technical specifications and other documents as required to complete the Construction Contract Documents. EXHIBITIA • • (b) Advise the City of any adjustments to previous Engineer's Opinion of the Construction Cost when changes in requirements, general market conditions or other conditions so warrant. (c) Advise the City as to the necessity of obtaining further additional services such as any soil investigations, special surveys or testing, and if authorized by the City, shall provide, or assist in procuring such services, (costs of which shall be borne by the City). (d) Furnish to the City engineering data and documents so that the City may secure approval from governmental authorities having jurisdiction over the Project. (e) At the City's request, assist the City's legal counsel in connection with his review of the Construction Contract Documents for their legally related aspects. (f) Furnish to the City, all necessary copies of the Construction Contract Documents. (3) Bidding Phase. Upon the City's approval of the Construction Contract Documents and latest Opinion of the Construction Cost and authorization to proceed with the Bidding Phase, the Engineer shall: (a) Assist the City in obtaining bids, in analyzing bids and proposals and in awarding the Construction Contract. (4) Construction Phase. Upon award of any Construction Contract based upon the Construction Contract Documents compiled by the Engineer, the Construction Phase of this Agreement shall commence and the Engineer shall: (a) Assist in the preparation of formal contract documents for the contracts. (b) Act as the City's representative with duties and responsi- bilities and limitations of authority as described in the General Con- ditions to the Construction Contract. The City shall not modify the Construction Contract Documents without the written consent of the Engineer. (c) Advise and consult with the City during the Construction Phase and the Engineer shall issue the City's authorized instructions to the Contractor. (d) Make periodic visits to the site of the construction to observe the progress and quality of the construction work and to determine, in general, if the results of the construction work are in accordance with the Drawings and the Specifications. On the basis of his on-site observations as an Engineer, he shall endeavor to guard the City against apparent defects and deficiencies in the permanent work constructed by by the Contractor but does not guarantee the performance of the Contractor. The Engineer is not responsible for construction means, methods, tech- niques, sequences or procedures, time of performance, programs, or for any safety precautions in connection with the construction work. The Engineer is not responsible for the Contractor's failure to execute the work in accordance with the Construction Contract. 2 • • • ' • (e) 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 Repre- sentatives 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 responsibility to perform the work in accordance with the Construction 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 thereof. (f) Review the Contractor's request for progressive payment, and based upon said on-site observation, advise the City as to the Engineer's opinion of the extent of the work completed in accordance with the terms of the Construction Contract as of the date of the Contractor's payment request and issue, for processing by the City, a Certificate for Payment in the amount owed the Contractor. The issuance of Certificates for Payment shall constitute a declaration by the Engineer to the City, based upon said on-site observations, review and data accompanying the request for payment, that the Contractor's work has progressed to the point in- dicated; that to the best of the Engineer's knowledge, information and belief, the quality of the Contractor's work is in accordance with the Construction Contract Documents (subject to subsequent tests and review required by the Construction Contract Documents, to correction of minor deviations from the Construction Contract Documents and to qualifications stated in the Certificate for Payment); and that the Contractor is en- titled to the amount stated. The issuing of the Certificate for Payment by the Engineer shall not represent that he has made any investigation to determine the uses made by the Contractor of sums paid to the Contractor. (g) Make recommendations to the City on all claims relating to the execution and progress of the construction work. The Engineer's decisions • in matters relating to the Engineer's design shall be final. (h) Notify the City of permanent work which does not conform to the result required in the Construction Contract, prepare a written report describing any apparent non -conforming permanent work and make recommendations to the City for its correction and, at the request of the City, have recommen- dations implemented by the Contractor. (i) Review shop drawings, samples, and other submittals of the Contractor only for general conformance to the design concept of the Project and for general compliance with the Construction Contract. (j) Prepare Change Orders for the City's approval. 3 • • • (k) Conduct a construction progress review related to the Con- tractor's date of completion; receive written guarantees and related data assembled by the Contractor; and issue to the City a Certificate of Final Payment. (1) The Engineer shall not be•responsible for the defects or ommissions in the work result of the Contractors, or any Subcontractors, or any of the Contractor's or Subcontractor's employees, or that of any other persons or entities responsible for performing any of the work result as contained in the Construction Contract. (m) Provide the City with two (2) sets of "As -Built" prints showing the work as actually constructed. (n) The Engineer will be available to furnish engineering services and consultation necessary to cover all unforeseen project use difficulties for a period one (1) year after date of final inspection and acceptance of the facility by the City. Such consultation and advisory services shall be furnished without additional charge. ARTICLE III. CITY'S RESPONSIBILITIES A. The City shall: • (1) Guarantee full and free access for the Engineer to enter upon all property required for the performance of the Engineer's services under this Agreement. (2) Obtain the necessary lands, easements and rights-of-way for the construction of the work. The cost of all required property surveys and abstract work shall be borne by the City. (3) Furnish to the Engineer such plans and .records of construction and operation of existing facilities, or copies of same, bearing on 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 re- quest of the City. (4) Pay the cost of necessary soils data including but not limited to reports, test borings, test pits, probings, subsurface exploration and soil bearing values, all with appropriate professional interpretation. (5) Pay the cost of necessary laboratory tests, reports and inspections of samples, materials or other items required by law or by governmental authorities having jurisdiction over this Project. (6) Pay the cost of permits and approvals from all governmental author- ities having jurisdiction over this Project and from others as may be necessary for completion of the Project (7) Provide legal, accounting, and insurance counseling services necessary for the Project, legal review of the Construction Contract Documents, and such auditing services as the City may require to account for expenditures of sums paid to the Contractor. 4 • ARTICLE IV. GENERAL PROVISIONS ria A. Ownership of Documents. 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 City 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 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. The Engineer shall prepare, at the City's expense, a set of reproducible record drawings conforming to construction records provided to the Engineer, made by the Contractor during the construction process. • B . Delegation of Duties. Neither the City nor the Engineer shall delegate his duties under this Agreement without the written consent of the other. C. Extent of Agreement. This Agreement represents the entire and in- tegrated agreement between the City and the Engineer and supercedes all prior negotiations, representations or agreements, either written or oral. This Agree- ment may be amended only by written instrument signed by both the City and the Engineer. D . Termination. This Agreement may be terminated by either party by seven days written notice in the event of substantial failure to perform in accordance with the terms of this Agreement by the other party through no fault of the terminating party. If this Agreement is terminated, the Engineer shall be paid for services performed to the termination notice date. E. General. (1) Neither party shall hold the other responsible for damages or delay in performance caused by acts of God,.strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees and agents. (2) The Engineer has not been retained or compensated to provide design and construction review services relating to the Contractor's safety • precautions or to means, methods, techniques, sequences, or procedures required for the Contractor to perform his work but not relating to the final or completed structure; omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. (3) Any Opinion of the Construction Cost prepared by the Engineer represents his judgment as a design professional and is supplied for the general guidance of the City. Since the Engineer has no control over the cost of labor and material, or over competitive bidding or market conditions, the Engineer does not guarantee the accuracy of such Opinions as compared to Contractor bids or actual cost to the City. 5 • • (4) Each of the parties signing this Agreement affirm that they have full authority and power as vested in them by their respective governing boards to enter into this Agreement. (5) This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Engineer respectively and their partners, successors, assigns and legal representatives. Neither the City nor the Engineer shallhave the right to assign, transfer or sublet their interest or obligations hereunder without written consent of the other party. ARTICLE V. INSURANCE AND INDEMNITY A. Engineer's Insurance. The Engineer shall acquire and maintain statutory workmen's compensation insurance coverage, employer's liability and comprehensive general liability insurance coverage. The limits and deductible applicable to the general liability insurance should be established under a separate agreement between the parties. B. Contractor's Insurance. Engineer assumes no liability or responsiblity for requiring the Contractor to obtain insurance for the period of the Construction Contract and the guarantee period, and the City shall have the sole responsibility for requiring the Contractor to have insurance with such coverage and such limits as the City may desire. C. Indemnity. The City shall require the Contractor or Subcontractor per- forming work in connection with Drawings and Specifications produced under this Agree- ment to hold harmless, indemnify and defend, the City and the Engineer, their consultants, and each of their officers, agents and employees from any and all liability, claims, losses, or damages arising out of or alleged to arise from the Contractor's (or Subcontractor's) negligence in the performance of the work described in the Construction Contract Documents, but not including liability that is alleged to be due to the sole negligence of the City, the Engineer, their consultants or their officers, agents and employees. ARTICLE VI. COMPENSATION A., Engineering Charges. The parties agree that the Engineer shall be compensated for engineering services as hereinafter set forth. (1) For studies and reports, design, and preparation of the construction plans, specifications and contract documents, a fee in the amount of nine percent (9.0%) of Construction Cost payable immediately after the con- struction contracts are awarded. (2) 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 three and three-quarter percent (3.75%) of Construction Cost. • 6 This fee shall be payable monthly and shall be based upon, thecost of construction actually completed. (3) 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.. Prior authorization shall be ob- tained from the City for all direct expenses. 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, em- ployment compensation insurance, payroll taxes, retirement benefits, medical and insurance benefits, sick leave,. vacation and holiday pay. (4) Progress payments shall be made in proportion to services rendered and as indicated within this Agreement and shall be due and owing within thirty days of the Engineer's submittal of his monthly statement. Past due amounts owed shall include a charge at the maximum legal rate of interest from the thirtieth day. (5) If the City fails to make monthly payments due the Engineer, the Engineer may, after giving seven days written notice to the City, suspend services under this Agreement. (6) No deductions shall be made from the Engineer's compensation on account of penalty, liquidated damages or other sums withheld from pay- - ments to Contractors. (7) After the contracts are awarded, if the Project is delayed or if the Engineer's services for the Project are delayed or suspended for more than three months for reasons beyond the Engineer's control, the Engineer may, after giving seven days written notice to the City, terminate this Agreement and the City shall compensate the Engineer in accordance with the termination provision contained in this Agreement. B. Construction Cost. Construction Cost, when used as the basis for deter- mining the Engineer's compensation, shall be defined as the total cost to the City for construction actually completed or the Engineer's Opinion of the Construction Cost for all construction designed or specified by the Engineer including the costs of labor, materials, equipment and specified furnishings, and cost of management of construction, but not including the Engineer's or other consultant's compensation and expenses, the cost of land, rights-of-way or easements, nor the City's cost of legal, accounting, auditing or insurance counseling services, or interest and financing charges for the Project, nor other costs listed in Article 3 "City's Responsibilities". 7 • IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first above written. .+F1 ?-ArNe. �r _ �hATTE8T er' Y • ek- Secretary • CITY OF FAYETTEVILLE, ARKANSAS BY Mayor COWDREY & ASSOCIATES, INC. 8