HomeMy WebLinkAbout26-89 RESOLUTION•
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RESOLUTION NO. 26-89
MICROFILMED
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT WITS CEI
ENGINEERING FOR ENGINEERING SERVICES FOR
WATERLINE REPLACEMENT PROJECTS.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a contract with CEI Engineering
for engineering services for waterline replacement projects. A
copy of the contract authorized for execution hereby is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 21st day of March , 1989.
ATTEST
By:
C' f lerk !�
APPROVED
By:
Mayor
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MICROFILMED
AGREEMENT F O R ENGINEERING
SERVICES
rvi
"This Agreement, made this c23 day of , 19V , by
and between The City of Fayetteville, Arka sas
hereinafter referred to as the CITY, and CEI Engineering
Associates, Inc. , hereinafter referred to as the ENGINEER:
The CITY intends to construct Group C 89 - Water Line Replacements:
individual segments of work are: a) Old Farmington Road
(approx. 1100 LF - 6") and b) Hwy. 62 West (approx. 3400 LF - 12")
in Washington County, State of Arkansas , and for which the
ENGINEER agrees to perform the various professional engineering
services for the design and construction of said system.
WITNESSETH:
"That for and in consideration of the mutual covenants and promises
between the parties hereto, it is hereby agreed:
SECTION A - ENGINEERING SERVICES
The ENGINEER shall furnish engineering services as follows:
1. The ENGINEER will conduct preliminary investigations, prepare
preliminary drawings, provide a preliminary itemized list of
probable construction costs effective as of the date of the
preliminary report, and submit a preliminary engineering report.
2. The ENGINEER will furnish the required number of copies of the
preliminary engineering and layout maps to the CITY.
3. The ENGINEER will attend conferences with the CITY, or other
interested parties as may be reasonably necessary.
4. After the preliminary engineering report has been reviewed and
approved by the CITY and the CITY directs the ENGINEER to proceed,
the ENGINEER will perform the necessary design surveys, accomplish
the detailed design of the project, prepare construction drawings,
specifications and contract documents, and prepare a final cost
e stimate based on the final design for the entire system. It is
also understood that if subsurface explorations (such as borings,
soil tests, rock soundings and the like) are required, the
ENGINEER will furnish coordination of said explorations without
additional charge, but the costs incident to such explorations
shall be paid for by the CITY as set out in Section D hereof.
5. The contract documents furnished by the ENGINEER under Section A-4
above shall include general conditions and Supplemental General
Conditions, Contract Change Orders, and partial payment estimates.
All of these documents shall be subject to approval by the CITY.
6. Prior to the advertisement for bids, the ENGINEER will provide for
e ach construction contract, not to exceed seven (7) copies of
detailed drawings, specifications, and contract documents for use
by the CITY, appropriate State and local agencies from whom
approval of the project must be obtained. The cost of such
drawings, specifications and contract documents shall be included
in the basic compensation paid to the ENGINEER.
7 The ENGINEER will furnish additional copies of the drawings,
specifications and contract documents as required by prospective
bidders, material suppliers, and other interested parties, but may
charge them for the reasonable cost of such copies. Upon award of
e ach contract, the ENGINEER will furnish to the CITY five (5) sets
e f drawings, specifications and contract documents for execution.
The cost of these sets shall be included in the basic compensation
paid to the ENGINEER. Original documents, survey notes, tracings,
and the like, except those furnished to the ENGINEER by the CITY,
are and shall remain the property of the ENGINEER.
8. The drawings prepared by the ENGINEER under the provisions of
S ection A-4 above shall be at a scale approved by the CITY. The
ENGINEER shall prepare and furnish to the CITY without any
additional compensation, three (3) copies of a map(s) showing the
general location of needed construction easements, permanent
e asements, and lands to be acquired. Property surveys, property
plats, property descriptions, abstracting and negotiations for
land rights shall be accomplished by the CITY, unless the CITY
requests, and the ENGINEER agrees to provide those services. In
the event the ENGINEER is requested to provide such services, the
ENGINEER shall be additionally compensated as set out in Sections
S and D hereof.
(2)
9 The ENGINEER will attend the bid opening, tabulate the bid
proposals, make an analysis of the bids, and make recommendations
for awarding contracts for construction.
10. The ENGINEER will review and approve, for conformance with the
design concept, any necessary shop and working drawings furnished
by contractors.
11. The ENGINEER will interpret the intent of the drawings and
specifications to protect the CITY against defects and
deficiencies in construction on the part of the contractors. The
ENGINEER will not, however, guarantee the performance by any
contractor.
12. The ENGINEER will establish baselines for locating the work,
together with a suitable number of bench marks adjacent to the
work as shown in the contract documents.
13. The ENGINEER will provide general engineering review of the work
of the contractors as construction progresses to ascertain that
the contractor is conforming with the design concept.
14. Unless notified by the CITY in writing that the CITY will provide
for resident inspection, the ENGINEER will provide resident
construction inspection. The ENGINEER will provide a sufficient
number of inspectors to insure that adequate inspection is
maintained. The ENGINEER'S undertaking hereunder shall not relieve
the contractor of contractor's obligation to perform the work in
conformity with the drawings and specifications and in a
workmanlike manner; shall not make the ENGINEER an insurer of the
contractor's performance; and shall not impose upon the ENGINEER
any obligation to see that the work is performed in a safe manner.
If the ENGINEER provides for resident construction inspection, the
CITY and the ENGINEER agree that each inspector is the ENGINEER'S
agent while said inspector is on the construction site until the
ENGINEER notifies the contractor(s) in writing that the ENGINEER
is terminating the services of said inspector on the project. If
the CITY notifies the ENGINEER in writing that the CITY will
provide for resident inspection, the CITY and the ENGINEER agree
that each inspector provided is the CITY'S agent while said
inspector is on the construction site until the CITY notifies the
contractor(s) in writing that the CITY is terminating the services
of said inspector on the project.
15. The ENGINEER will cooperate and work closely with state agency
representatives.
16. The ENGINEER will review the contractor's applications for
progress and final payment, and when approved, submit same to the
CITY for payment.
(3)
17. The ENGINEER will prepare necessary contract change orders,
including reconciliation change orders, for approval of the CITY
and others on a timely basis.
18. The ENGINEER will make a final review and submit a written report
to the CITY prior to the issuance of the statement of substantial
completion of all construction. The ENGINEER shall submit a
statement of completion to and obtain the written acceptance of
the facility from the CITY prior to submitting the final payment
estimate to the CITY.
19. The ENGINEER will provide the CITY with one set of reproducible
record (as -built) drawings, and one set of prints at no additional
charge. Such drawings will be based upon construction records
provided by the contractor during construction and reviewed by the
resident inspector and compared with the resident inspector's
construction diary.
20. The ENGINEER will notify the CITY in writing that the project is
complete, acceptable, and ready for final payment.
21. The ENGINEER will be available to furnish engineering services and
consultations necessary to correct unforeseen project operational
difficulties for a period of one year after the date of statement
of substantial completion of the facility. This service will
include instruction of the CITY 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 subsistence costs.
The ENGINEER will assist the CITY in performing a review of the
project no less than ten (10) months but no more than eleven (11)
months after the date of statement of substantial completion of
the facility.
22. The ENGINEER further agrees to obtain and maintain, at the
ENGINEER'S expense, such insurance as will protect the ENGINEER
from claims under the Worker's Compensation Act and such
comprehensive general liability insurance as will protect the City
and the ENGINEER from all claims for bodily injury, death, or
property damage which may arise from the performance by the
ENGINEER or by the ENGINEER'S agents of the ENGINEER'S functions
and services required under this Agreement. If the CITY notifies
the ENGINEER that the CITY will provide for resident inspection,
the CITY agrees to obtain and maintain, at the CITY'S expense,
such insurance as will protect the CITY from claims under the
Worker's Compensation Act and such comprehensive general liability
insurance as will protect the CITY and the ENGINEER from all
claims for bodily injury, death, or property damage which may
arise from the performance by any resident inspectors provided by
the CITY of the CITY'S functions and services required under this
Agreement.
(4)
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23. The services called for in the Section A-1 and A-2 of this
Agreement shall be completed and the report submitted within
21 calendar days from the date of authorization to proceed.
After acceptance by the CITY of the Preliminary Engineering Report
and upon written authorization from the CITY, the ENGINEER will
complete final plans, specifications and contract documents and
submit for approval of the CITY and all state regulatory agencies
within 14 calendar days from the date of authorization
unless otherwise agreed to by both parties. Time is expressly
made of the essence of this Agreement.
If the above is not accomplished within the time period specified, this
Agreement may be terminated by the CITY. The time for completion will
be extended by the CITY for a reasonable time if completion is delayed
due to unforeseeable causes beyond the control and without the fault or
negligence of the ENGINEER.
(5)
SECTION B - COMPENSATION FOR ENGINEERING SERVICE
The CITY shall compensate the ENGINEER in accordance with the following
schedule:
Part 1: For professional services required to complete detailed plans
and specifications for the above referenced project,
including surveys for easement purposes and $1,000.00 for
the preparation of easements and plats for easement
acquisition said amount ($1,000) to be adjusted based on
actual easement requirements, the CITY shall compensate
the ENGINEER with the lump sum fee of
(Three thousand six hundred seventy dollars)
$3,670.00
The hourly rate for preparing plats and legal description
for easement purposes: will be $27.50 for a Registered
Land Surveyor
Part 2: For professional services for the bid phase of the project,
through the recommendation of awards, the CITY shall
compensate the ENGINEER with the lump sum fee of
(One thousand dollars)
$1,000.00
Part 3: For professional services required to perform construction
management including one full time inspector for the entire
estimated construction period and preparation of "As -Built"
drawings, the CITY shall compensate the ENGINEER with the
lump sum fee of
(Three thousand five hundred thirty dollars)
$3.530.00
(6)
SECTION C - DUTIES, RESPONSIBILITIES, AND COMPENSATION
OF RESIDENT INSPECTORS AS SET FORTH IN SECTION A-14
The resident inspector shall:
1. Provide full-time resident inspection of the construction to
observe the progress and quality of the work executed by the
contractor(s) to determine if such work is in accordance with the
contract documents.
2. Endeavor to guard the CITY against defects and deficiencies in
such work.
3. Maintain a daily diary (hard bound) which shall be open for
inspection by the CITY in which the following shall be recorded in
indelible ink:
(1) work performed.
(2) number of men and equipment with detailed description
of equipment used in such work.
(3) defects and deficiencies in such work, if not
corrected by the contractor.
(4) weather conditions.
4. Submit a copy of the daily logs for each week to the CITY no
later than Monday of the following week.
5. Verify that the contractor is:
(1) using construction methods and materials in accordance
with the specifications.
(2) constructing water lines within the easements provided.
(3) constructing water mains in compliance with specifications
(especially depth of cover and acceptable bedding and
backfill materials) before initial backfilling is
performed.
6 Advise the contractor when the work performed is not meeting the
conditions set forth in Section C-5 above.
SECTION D - ADDITIONAL ENGINEERING SERVICES
In addition to the foregoing being performed, the following services
may be provided UPON PRIOR WRITTEN AUTHORIZATION OF THE CITY.
1. Laboratory tests, well tests, borings, specialized geological,
(7)
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2. Property surveys, detailed description of sites, maps, drawings,
or estimates related thereto; assistance in negotiating for land
and easement rights.
3. Necessary data and filing maps for water rights, water
adjudication, and litigation.
4. Redesigns ordered by the CITY after final plans have been accepted
by the CITY except redesigns to reduce the project cost to within
the funds available.
5. Appearances before courts or boards on matters of litigation or
hearings related to the project.
6. Preparation of environment impact assessments or environmental
impact statements.
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7. Performance of detailed staking necessary for construction of the
project in excess of the control staking set forth in Section
A-12.
Payment for the services specified in this Section D shall be as agreed
in writing between the CITY and the ENGINEER prior to commencement of
the work.
ENGINEER will render to the CITY for such services an itemized bill,
separate from any other billing, once each month, for compensation for
services performed hereunder during the previous thirty (30) days, the
same to be due and payable by the CITY to the ENGINEER on or before the
10th day following receipt of said bill.
(9)
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SECTION E - APPROVAL
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Agreement in
duplicate on the respective dates indicated below.
(SEAL)
ATTEST:
lme
CITY:
i
By diefel-V,712G+z
Type Name / Type Name
Title Car CIA2k Lar -
(SEAL) Title r-
(SEAL)
ATTEST:
By
Type Name Type Name
Title
Date 4-12-87
ENGINEER:
Title r'oJec.1
Et•-su re.erz.
(10)
Robert E. Holmes
President
Date
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SCHEDULE OF RATES AND CHARGES FOR ADDITIONAL ENGINEERING
SERVICES AS REFERRED TO IN SECTION D OF THE
AGREEMENT FOR ENGINEERING SERVICES
PERSONNEL RATE PER HOUR
Survey
Three-man Party $ 50.00
Two-man Party w/RLS $ 45.00
Two-man Party $ 40.00
Land Surveyor $ 27.50
Construction Inspection
Resident Engineer
Resident Inspector
Engineering & General Supervisor
Principal or Officer of Firm
Project Engineer
Field or Design Engineer
Field or Office Assistant
Land Surveyor
$ 40.00
$ 22.50
$ 50.00
$ 40.00
$ 35.00
$ 35.00
$ 27.50
Additional engineering cost caused by overrun in construction time may
be compensated similar to the schedule as outlined in the above
Schedule of Rates and Charges for Additional Engineering Services
provided liquidated damages are assessed the contractor(s) for overrun
in construction time in excess of approved change orders. This should
be considered in establishing the amount of the Liquidated Damages in
the contracts.
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(SEAL)
CITY: City of Fayetteville
ATTEST: /
�r e By (c/GGledr7//�-/
Type Name Type Name
Title aiVilr
// Title 712a4 -
/
(SEAL)
Date
ENGINEER:
CEI Engineering Associates, Inc.
ATTEST:
By
Type Name Type Name Robert E. Holmes
Title
(12)
Title President
Date