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HomeMy WebLinkAbout26-82 RESOLUTION• • t RESOLUTION NO. a ID T A RESOLUTION AUTHORIZING THE MAYOR AND -CITY CLERK TO EXECUTE AN AGREEMENT WITH MCGOODWIN, WILLIAMS & YATES, INC. FOR THE PREPARATION OF DETAILED PLANS AND SPECIFICATIONS FOR AN OLYMPIC SIZED SWIMMING POOL WITH ADJACENT WADING POOL AND DECK PLUS A BATHHOUSE AND CONCESSION FACILITIES AT WILSON PARK. 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 an agreement with McGoodwin, Williams & Yates, Inc. for the preparation of detailed plans and specifications for an olympic sized swimming pool and adjacent wading pool and deck plus bathhouse and concession facilities at Wilson Park. Said contract shall provide for a lump sum payment to McGoodwin, Williams & Yates, Inc. of $38,000.00. A copy of the contract authorized for execution hereby is attached hereto, marked Exhibit "A", and made a part hereof. PASSED AND APPROVED this day of 1982. 5 'ATTEST : ITY CLERK • • APPROVED: MAYOR • • • AGREEMENT FOR ENGINEERING 'SERVICES 7. • • THIS AGREEMENT, entered into thisday of r- „2/16{- -- 1982, by and between the City of Fayetteville, Arkansas, hereinafter i4P erred to as the "City,” and the engineering firm of McGoodwin, Williams and Yates, Inc., of Fayetteville, Arkansas, hereinafter referred to as the "Engineer;" WITNESSETH THAT: WHEREAS, the City has determined to construct a new Olympic size swimming pool at Wilson Park; and WHEREAS, the Engineer did, in association with Hailey-Powers-Froning Architects, Ltd., assist the City in preparing preliminary layouts and cost estimates and in filing an application for federal grant assistance to help finance construction of the pool; and WHEREAS, it has now been determined that federal grant assistance is not available; and WHEREAS, the City has determined to fund the project without the requested federal grant assistance; and WHEREAS, the City has authorized the Engineer to have performed the necessary subsurface investigations and laboratory work required for the design of the proposed pool; and WHEREAS, the City desires to employ the Engineer to perform the necessary engineering services for the development of the project, including design and preparation of construction plans and specifications, and WHEREAS, the Engineer has satisfactorily completed prior engineering assignments for the City and is fully qualified to provide the engineering services required for this work; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City and the Engineer, the parties hereto, stipulate and agree as follows. Section I. Scope of the Project The work covered by this agreement includes the necessary engineering services to design an Olympic size swimming pool with adjacent wading pool, decks and bathhouse, including concession area. The work contemplated does not include restroom facilities for general park usage, new parking areas and related driveways, landscaping, nor any work to be done to the existing pool facilities 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 specifi- cations for the swimming pool project, all as hereinafter set out. The Engineering staff shall consist of engineers, technicians and other assistants as may be necessary to carry on the engineering work in an efficient and expeditious manner. Architectural services as required for completion of the project will be provided under subcontract by Hailey-Powers-Froning Architects, Ltd., of Fayetteville, Arkansas. The required engineering services shall be as follows: A. Preliminary Design Services - Preliminary engineering design studies will be performed as required to assist the City in determining the desired layout of the proposed facilities. A detailed contour map will be prepared for the area bounded generally by Park Street on the east and the existing tennis courts on the west and from Prospect Street on the north to the south side of the existing pool. An evaluation will be made of the possible utilization of existing equipment. Comparative cost estimates will be made based on utilizing existing equipment versus utilizing new equipment so a determination can be made as to whether existing equipment should be utilized. B. Final Design and Preparation of Plans and Specifications Based upon the preliminary design services set out above, and upon approval of the final layout by the City, the Engineer will provide the following services: 1. Perform any additional field surveys required to design the project. 2. Prepare final design for the project. 3. Prepare detailed construction specifications and contract drawings. 4. 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. Establish the scope of any additional 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. Such tests, the costs of which are tobe borne by the City, shall be authorized in writing by the City prior to the Engineer's authorizing the work to be done. - - 2 6. 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. 7. Furnish to the City all necessary copies of approved plans, specifications, notices to bidders and proposal forms. 8. 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. Assist in the preparation of formal contract documents. Section III. Payment • In consideration of the performance of all of the foregoing services by the Engineer, the City shall pay and the Engineer shall receive a lump sum fee of $38,000 as full compensation for such services. Payment shall be made in four approximately equal installments. Twenty- five percent (25%) of the fee shall be due and payable when engineering work on the plans and specifications is 25, 50 and 75 percent complete, as certified by the Engineer, with the remaining 25 percent (25%) due and payable when bids are opened and tabulated and contract documents prepared. It is agreed that engineering plans drawn in accordance with the City's instructions and meeting the requirements of the Arkansas Department of Health will be approved. The above fees shall cover all professional engineering services necessary for the successful prosecution of the project, including consultations, surveys, analyses of soil investigations and incidental costs. Payment for engineering services under this agreement shall be made within 15 days after claim submittal and certification by the Engineer. Statements shall be accompanied by adequate itemization to fully indicate the basis of the charges. 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; payment therefor to be based insofar as possible upon the fees established herein. The City shall pay the Engineer his salary cost times 2.5 for any additional services required by the City for work which is beyond the scope of this contract and which has been previously authorized in writing by the City. _ • • Section IV. Other Provisions of the Contract • • 'S • In connection with the project, the City's responsibilities shall include, but not be limited to, the following: 1. Giving thorough consideration to all documents presented by the Engineer and informing the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. 2. Making 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. 3. Obtaining the necessary lands, easements and rights of way for the construction of the work. The cost of all property descriptions and surveys (off of Wilson Park property), appraisals and abstract work shall be borne by the City. 4. Furnishing 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. 5. Paying the cost of making necessary soundings, borings, analyses of materials and laboratory.work. 6. Paying all plan review costs and all cost of advertising in connection with the project. 7. Providing legal, accounting and insurance counseling services necessary for the project, legal review of the construction contract documents and such auditing services as the City or cooperating federal or state agencies may require. 8. Furnishing permits and approval from all governmental authorities, other than the Arkansas Department of Health, having jurisdiction over the project and others as may be necessary for completion of the project 9. Giving prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect in the project or other event which may substantially alter the Engineer's performance under this agreement. 10. All drawings, specifications and documents prepared by the Engineer under this contract shall become the property of the City upon payment of the consideration due the Engineer hereunder. The Engineer may retain reproducible copies of all documents for his files and further use. - 4 • ,:• • r '.. The Engineer agrees to commence work within 10 days of authorization to proceed and to have all work through preliminary and final design and preparation of contract plans and specifications completed within three months of the date of authorization to proceed provided, however, that delays imposed on the Engineer by the City or any delays to provide for State Department of Health review shall not be included in the time limit stipulated. The Engineer agrees to consult with other engineers, swimming pool constructors, and swimming pool equipmentmanufacturers in order to utilize the latest swimming pool technology. 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. IN WITNESS WHEREOF, the City has caused these presents to be executed in its behalf by its duly authorized representatives, and the said Engineer by its duly authorized representatives, and the parties hereto have set their hands and seals on the date heretofore set out. • `Attest: y .i 411• .1-1051,14111L;': Sherry L. R: e, City Clerk Attest . 6' -;`. -. t{ _. 3) _1 A11&t61A14.5[= Jacqueline S. Ross, Secretary CITY OF FAYETTEVILLE, ARKANSAS a e` ? ib4;.v Paul R. Noland, Mayor McG00DWIN, WILLIAMS AND YATES, INC. 5 /.... 'm arl Yates," . i.ent 14 FAYETTEVILLE, ARIl4TJ'SAS P. D. DRAWER F Mr. Carl Yates McGoodwin, Williams & Yates Consulting Engineers 909 Rolling Hills Drive Fayetteville, AR 72701 Dear Mr. Yates: OFFICE OF CITY CLERK nroi 15011 521.7700 June 28, 1982 As per our phone conversation of'this date, I am sending you the contract between your firmand the City of Fayetteville regarding the architectural and engineering plans for the proposed new swimming pool. Please execute the contract and return it to me along with a copy of the proposal called for in paragraph 4(a). Thank you for your assistance in this matter, and if I can be of any assistance, please contact me. Enclosure Sincerely, Sherry Rowe City Clerk