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HomeMy WebLinkAbout108-90 RESOLUTION• RESOLUTION NO. /08-90 1' A RESOLUTION :AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT FOR ENGINEERING SERVICES ON ,THE NEW 36 -INCH WATERLINE PROJECT WITH.MCGOODWIN,'WILLIAMS & YATES. - FILMED BE IT, RESOLVED BY"THE BOARD JOF, 'DIRECTORS OF THE CITY OF , FAYETTEVILLEARKANSAS: U ` t Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract for engineering services with McGoodwin, Williams & Yates not to exceed a cost of $94,000. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this r.At ATTEST: City Cl(4rk 3rd day of July APPROVED: By: daS Mayor , 1990. AGREEMENT FOR ENGINEERING SERVICES WATER TRANSMISSION LINE AND WATER STORAGE FACILITIES • 'CITY OF FAYETTEVILLE, ARKANSAS THIS AGREEMENT, made and entered into this Jn 4 day of 1990, by and between the City of Fayetteville, Arkansas, herein ter ferred to as the "Owner, and McGoodwin, Williams and Yates, Inc., Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "Engineer;" WITNESSETH THAT: WHEREAS, the Owner employed the Engineer to conduct a Water System Study and prepare a 20 -year Master Plan for the city; and WHEREAS, the report on this study identified an immediate need for additional water transmission and storage facilities; and WHEREAS, the Owner has determined to construct a new transmission line from the Beaver Water District's treatment facilities to the city's distribution system as well. as certain additional storage facilities; and WHEREAS, the Engineer has extensive experience and expertise in the design and construction of such facilities; and WHEREAS, the Owner desires to employ the Engineer to provide engineering services in the overall design of the project and in the detailed design and construction of a portion of the work; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Owner and the Engineer, the parties hereto, stipulate and agree that the Owner 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 follow. Section I. Scope of Project The total project as presently contemplated by the Owner consists of the detailed design and construction of a large diameter water transmission main from the Beaver Water District treatment plant to the Fayetteville water distribution system; 24 -inch, 30 -inch, and 36 -inch distribution lines connecting to the transmission main; and water storage facilities with necessary control appurtenances on Kessler Mountain in the southwest area of the city. It is hereby understood and agreed that the Engineer is to be responsible for overall design of the entire project and, in addition, is to provide detailed design and,construction management services for a portion of the transmission main from the water treatment plant to a point to be determined after completion of the design report. EXHIBIT A • Section II. Scope of Engineering Services The Engineer shall provide at his own expense a suitable engineering staff to perform the work required. The engineering staff shall consist of engineers, engineering technicians, inspectors and other assistants as may be necessary to carry on the following work in an efficient and expeditious manner. A. Overall Design Services 1. Provide the necessary studies and evaluations required to make recommendations on the general routing of the transmission line, making a comparative evaluation between the eastern and western routes, including refined constructioncost estimates. Included will be aerial photography required for route determination for the entire line. Provide additional studies necessary to establish the critical hydraulic gradient along the entire length of the transmission line, including surges. Determine the general location of all connections to the existing system and provide locations for all valves required. 4. Establish the critical storage tank elevations necessary for proper design of the tank control system. 5: Provide refined cost estimates for the transmission line and storage facilities and an overall schedule for the work (including any suggested phasing). Cost estimates shall be based on the utilization of ductile iron pipe for the transmission line and steel for the storage tanks. 6. Provide a design report setting out all pertinent design criteria, cost estimates, etc. 7. Provide a plan for operation and control of the entire transmission and distribution system. B. Design and Construction Management Services for Transmission Main. 1. Preliminary Design Services a. Provide necessary field surveys to allow for completion of the preliminary design. b. Establish the scope of any additional geotechnical investigations which may be required for design. Assist the Owner in arranging for qualified professional consultants to conduct such investigations, surveys or tests (cost of such special consultants to be borne by the Owner). c. Complete preliminary design, prepare estimates of probable cost, and prepare a preliminary design report for the Owner's consideration. 2. Final Design and Construction Plans and Specifications a. Perform any additional field surveys required for final design of the project. b. Prepare final design for the project. c. Prepare construction specifications and drawings. d. Based upon final plans and specifications, prepare cost estimates of the authorized construction. The Engineer does not guarantee that these estimates will not be exceeded by the bids received for the work. e. Establish the scope of any additional soil investigations, special surveys or testing which, in his opinion, may be required for final design and arrange with the Owner the conduct of such investigations and tests (cost of such tests to be borne by the Owner). f. Furnish to the Owner, where required by the circumstances of the assignment, the engineering data (including construction plans and specifications) necessary for applications for routine permits and approvals by local, state and federal authorities. Bidding and Preconstruction Services The Engineer will prepare and distribute advertisements for bids, communicate with bidders as required, provide technical interpretation of the plans and specifications, conduct a prebid conference to provide information to all bidders, prepare addenda as required, attend the bid opening, tabulate bids, provide an engineering analysis of the bids received, make recommendations concerning award of construction contract and assist' in the preparation of contract documents. Bid tabulations and supporting documents will be prepared and submitted to the Owner. 4. Construction Services Attend the preconstruction conference scheduled by the Owner. At the time of the preconstruction conference, Notices to Proceed will be issued. b. 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 Owner 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. c. Furnish the services of resident Project Representatives and other field personnel for 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. The required construction layout surveys will include the establishment of baselines for locating the work, with a suitable number of bench marks for site elevation references as shown in the plans and specifications. d. Consult and advise the Owner; issue all instructions to the contractor requested by the Owner; and prepare routine change orders as required. e. 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 Owner to insure general conformance with the design concept of the project and general compliance by the contractor with the information given in 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. f. Prepare and verify monthly and final estimates for payments to the contractor and furnish to the Owner any necessary certifications as to payments to contractors and suppliers; assemble written guarantees which are required by the contract documents. Attend, in company with the Owner's representative, a final inspection of the project. This inspection will be for conformance with the design concept of the project and compliance with the contract documents. Approve in writing final payment to the contractor. h. Furnish to the Owner a reproducible copy of the record drawings for the project. These drawings will be furnished using high quality Mylar film, or other approved material. g• C. Additional Services 1. As directed by the Owner, the Engineer will provide assistance in securing the necessary interest in lands and rights-of-way. This work may include securing property descriptions, surveys, easement preparation, and assistance in negotiation. 2. The Engineer will provide technical assistance for negotiations with Beaver Water District if the District expresses a desire to participate in the construction of a larger transmission line. 3. The Engineer will provide other services not specifically set out under the above scope of work, if required, and as directed by the Owner and mutually agreed to by the Engineer. Section III. Payment In consideration of the performance of the foregoing services by the Engineer, the Owner shall pay to the Engineer compensation as follows: A. For overall design services as set out under Section II -A and for additional services under Section II -C, compensation shall be based on salary cost times a multiplier of 2.3 plus reimbursable expenses. For services set out under Section II -A a cost ceiling of $94,000 is hereby established which will not be exceeded without further authorization from the Owner. 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, bonus, and holiday pay. The reimbursable expenses for which the Engineer will be reimbursed shall include travel expenses when traveling outside Northwest Arkansas in connection with the project, rental expenses for special equipment needed for completion of the work, purchase of material, and other expenses directly attributable to the project, including any work performed by subcontractors. The Engineer shall charge the Owner for reimbursable expenses at actual cost plus eight percent (8%). B. For the work set out under Section II -B, the amount and method of compensation shall be negotiated after completion of the design report. Payment for engineering services under this agreement shall be made monthly and shall commence 30 days after award of contract. Payment shall be made within 30 days after claim submittal by the Engineer. 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 Owner, the Engineer shall be paid for work actually completed; payment to be based insofar as possible upon the fees established herein. • Section IV. Owner's Responsibilities In connection with the project, the Owner's responsibilities shall include, but not be limited to, the following: A. 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. B. Making provision for the employees of the Engineer to enter public and private lands as required for the Engineer to perform necessary surveys and investigations. C. Obtaining the necessary lands, easements and rights-of-way for the construction of the work. All costs associated with securing the necessary land interests, including easement preparation, surveys, appraisals and abstract work, shall be borne by the Owner. D. 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 Owner. Such documents or data will be returned upon°completion of the work or at the request of the Owner. E. Paying the costs of making necessary sounding, borings, analyses of materials and laboratory work. F. Paying all plan review costs and all cost of advertising in connection with the project. G. Providing legal, accounting and insurance counseling services necessary for the project, legal review of the construction contract. documents' and such auditing services as the Owner may require. H. Furnishing permits and approvals from all governmental authorities having jurisdiction over the project and others as may be necessary for completion of the project. I. .Obtaining construction bids from contractors for work relating to •the project and bearing all costs relating thereto. J. Giving prompt written notice to the Engineer whenever the Owner observes or otherwise becomes aware of any defect in the project or other events which may substantially alter the Engineer's performance under this Agreement. All drawings, specifications and documents prepared by the Engineer under this contract shall become the property of the Owner, to be used by the Owner for: construction purposes, upon payment of the consideration due the Engineer hereunder. The Owner shall not be restricted in his subsequentuse of said documents. However, the Engineer shall bear no responsibility for such re -use unless specifically agreed to in writing. THIS AGREEMENT shall be binding upon the parties hereto, their partners, heirs, successors, administrators and assign; 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 Owner 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: mes C. Ulmer,a President CITY OF FAYETTEVILLE, ARKANSAS William V. Martin, May McGOODWIN, WILLIAMS AND YATES, INC.