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HomeMy WebLinkAbout26-89 RESOLUTION• • • • 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 • • • 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) • 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) • 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. • 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) • 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 • 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. • • (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