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HomeMy WebLinkAbout101-91 RESOLUTIONRESOLUTION NO, 101-91 A RESOLUTION APPROVING THE STANDARD REIMBURSEMENT AGREEMENT WITH THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT CONCERNING THE ENGINEERING SERVICES AGREEMENT WITH CEI ENGINEERS FOR WEDINGTON DRIVE WATER AND SEWER RELOCATIONS. BE IT RESOLVED BY THE BOARD OF FAYETTEVILLE, ARKANSAS: OF THE CITY OF Section 1. ; That the Mayor and City .Clerk are hereby authorized and directed to execute the standard agreement with the Arkansas Highway Department concerning the engineering services agreement with CEI Engineers for the Wedington Drive .water and sewer relocations. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 4th day of June , 1991. lZe $'ATTEST: ;-By: City rk• ,�s APPROVF Aq p �pQa Y• Mayor J' Rev. 12-04-89 LS v. AC X ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY -UTILITY AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES Job No. 4976 _ •(Utilities) FAP No. MAM-5089 (7) Job Location Hwy. 71 - Ga&tand Ave. Utility Owner City oA Fayettev.lffe �r Watea 8 Suver Depa&bnent Route 112S Section 0S Consultant CEI EnQi)tevUAQ County Washiny,ton Ateoci.ateb. Inc. tL. THIS AGREEMENT, made and entered into this day of Jv N E 190,\ , by.and between the Arkansas State Highway Commission, acting by and through the duly authorized representatives of the Arkansas State Highway and Transportation Department, with headquarters at Little Rock, Arkansas, hereinafter referred to as the "Department" and the City of Fayetteville Water & Sewer Department of Fayetteville, Arkansas,. acting by and through its duly authorized representatives, herein after referred to as the "Owner" WITNES- SETH: WHEREAS: The "Department", in the interest of public safety, convenience, and enjoyment, proposes to make certain highway improvements at the location and according to the plans and specifications of the "Department" for such work under the job designation as shown above; "Owner" must adjust or relocate certain of its existing utility facilities and in connection with such adjust- ments, "Department" shall participate in the Costs of such work to the extent such costs are eligible for reimbursement from State Highway funds and eligible when applicable for participation in Federal funds: and WHEREAS: The cost to "Owner" for preliminary engineering services shall be eligible for reimbursement from "Department" at the same ratio as the ad- justment of "Owner's" facilities are eligible based on the proportion of the facilities to be adjusted that are located on property in which "Owner" holds a compensable property.interest under the Constitution and Arkansas Law, less betterments (except betterments required by the highway construction) and in accordance with the applicable provisions and requirements of the Arkansas State Highway.Commission Utility Accommodation Policy as adopted on September 20; 1989, by Commission Minute Order 89-455, as amended and supplemented, it is also understood that for this cost to be eligible for participation in Federal funds, the work must be performed and reimbursement made as prescribed by Federal rules and regulations applicable to Federal Aid Projects, and as set out in. the United States Department of Transportation, Federal HIghway Ad- ministration, Federal Aid Highway Program Manual, Volume 6 Chapter 1, Section 2, Subsection 2 (Engagement of Consultants for Engineering Services) issued October 30, 1974, or as amended. These documents by this reference are hereby made a part of this Agreement with the same force and effect as if attached hereto or recited herein; and WHEREAS: The proposed highway improvement necessitates the adjustment or relocation of certain of "Owner's" utility facilities as described in the fol- lowing scope of work: Relocate 6" & 8" CI water lines and associated service lines. Relocate 8" sewer line and service connections, and such adjustment or relocation requires the preparation of plans, sketches, estimate of cost, and work specifications (when applicable) to be used as the basis for a subsequent agreement with "Owner" to provide for such adjustment or relocation: and WHEREAS: The "Owner" is not adequately staffed with professional or tech- nical personnel to prepare the necessary technical and detailed information as may be required, and needs the services of a "Consultant" to perform the said preliminary engineering work; and hereby requests "Department's" concurrence in the employment of a "Consultant" of proven ability and experience,. and which hasoneor more of its members licensed by the Arkansas State Board of Registration for Professional Engineers: and. WHEREAS: The "Owner" proposes to employ the engineering firm of. CEI En- crineerina Associates, Inc.. hereinafter referred to as the "Consultant" which meets the above qualifications to perform such necessary preliminary engineer- ing services; and the "Department" has determined that it is to the advantage and best interest of the "Department's" highway improvement project that said engineering services be performed by "Consultant" for "Owner" under a contract for preliminary engineering services entered into between "Owner" and "Consultant", and subject to the "Department's" approval; and the selection and employment of said engineering firm Is acceptable to the "Department", and "Consultant" .is ready, willing, and able to perform the required engineering and technical services. NOW, THEREFORE, IT IS HEREBY AGREED: 1. "Owner" has entered into a contract for preliminary engineering serv- ices with the "Consultant", subject to the "Department's" approval, and has furnished copies of said contract which are attached and made a part of this agreement, and said contract sets forth in detail the engineering and techni- cal services to be performed by the "Consultant" and the fee to be paid by the "Owner" for such services; and the "Department" by execution of this agreement concurs in the employment of the "Consultant" and approves the said contract for preliminary engineering services as providing for the "Consultant" to fur- nish the following minimum required services (as applicable): A. Make all necessary field surveys, investigations, and special studies required to obtain proper and sufficient data for the preparation of complete plans, estimates of cost, and construction specifications. B. Prepare complete and detailed plans of the existing facilities and of the proposed construction, including mape, plans, profiles and detailed drawings of structures and appurtenances when and as necessary. ' -3- C. Prepare an engineer's detailed estimate of cost of the proposed work and if plant betterments for the "Owner's" convenience are to be in- cluded in the planned adjustments, the "Consultant" shall detail separately the estimated inplace cost of such plant betterments and the estimated cost to relocate and adjust the existing facility inkind and function as.required by the highway project. Such separation of cost of may be shown either by separate and comparative estimates or by detailing of items in the estimate. D. If the construction work is to be performed by other than "Owner's" forces, prepare bid notices, instructions, specifications, contract documents and any other data necessary to secure bids and let a contract for the proposed work. E. Furnish the "Owner" with eight (8) sets of plans, specifications, and contract documents (seven (7) sets for transmittal by "Owner" to Department"), Said documents shall beconsidered as approved when and only when accepted by the "Department" and, if necessary, approved .by the Federal Highway Administration. 2. The "Consultant" shall begin the work as herein set out within 30 calendar days after receiving written authorization through the "Owner", such authorization to be issued as a Work Order by the "Department", and "Consultant" shall complete his contractual obligations as herein set out in 75 calendar days. 3. After delivery to, and acceptance by the "Department" of the final plane, estimate of cost and all necessary supporting documents in original and six (6) copies, the "Department" will make payment to the "Owner" in accor- dance with Paragraph 4, the pro rata portion of the total preliminary en- gineering fee of $ 23,636.59* as determined by one of the following methods: X A. The appropriate pro rata factor for allocating payment of this fee between "Owner" and "Department" cannot be accurately determined until the preliminary engineering work is completed, and the pro rata factor as established by the "Consultant's" investigations will be applied in the allocation of the cost obligations under this agreement and in the subsequent Utility Relocation Agreement. B. The pro rata portion of the total preliminary engineering fee based on the "Owner's" eligibility for reimbursement that the facilities to be adjusted are located on property in which the "Owner" holds a compensable property interest, is 8. ($ x % = $ (Reimbursement) *Not to Exceed $25,000.00 -4- 4. The basis for "Consultant's" total fee to be charged "Owner", includ- ing any additional fee for plant betterment work to be done for "Owner's" con- venience along with the required adjustments, is detailed and set forth in the attached copy of the contract between the "Owner" and the "Consultant". Said payment is to be on the actual cost/fixed fee payment procedure which will be initiated within 30 days after submission by "Owner" of a certified statement in the above proportionate reimbursable amount together with acknowledgement evidenced in writing by "Consultant" that the total fee has been paid to him by the "Owner". "Owner" agrees to retain coat records and accounts for inspec- tion and audit for a period of not less than three (3) years from the date of final payment. 5. It is understood and agreed that, by separate statement and by copy of this agreement complete with pertinent attachments, the United States Depart- ment of Transportation, Federal Highway Administration, may be furnished war- ranties and certifications that the conditions under which this contract was obtained have been, and performance by all parties shall be, in accordance with the requirements of a project involving participation in Federal Aid Highway Funds, and same shall be subject to applicable State and Federal Laws, both criminal and civil. 6. The "Owner", in employing the "Consultant" to perform the work and services covered by this agreement, agrees to require the "Consultant" to comply with the provisions of Appendix "A", copies of which, are attached to and made a part of this contract, and the provisions of which pertain to.non- discrimination in employment; and it is further understood and agreed that the "Consultant" shall in performing such work under said provisions,. be con- sidered as acting in the same relative capacity as the "Contractor." referred to in said Appendix "A". 7. The "Department" may, at its discretion, cancel or suspend the work under this agreement at.any time provided reimbursement is made on an equi- table basis .and in a proportionate amount for the services- performed by "Consultant" up to the time that written notice of such cancellation is received by "Owner" from "Department". Such amount of proportionate reim- bursement shall be based on the proportion that the work actually performed bears to the total work originally contemplated. Should the "Department" give notice of cancellation in writing prior to the start of any work hereunder, then this Agreement shall thereupon become null and void without liability to the "Department". a. The "Owner" shall save the "Department" and 'any other affected Agencies of Government harmless from all claims and liabilities arising out of, or in any manner due to, .the activities or any negligent act or omission, of "Owner's" employees or the "Consultant" or his employees or agents. -5- 9. The provisions of this agreement apply only to the preliminary en- gineering services herein set out, and nothing contained herein shall be con- strued as applying to any future contract which may be entered into between the "Department" and the "Owner", except that the reference in Paragraph No. 3 above, regarding the determination of the reimbursement eligibility pro rata factor from the subject preliminary engineering work. shall apply .both in fixing the ratio of eligibility for reimbursement of cost under this agreement and a subsequent covering the actual utility relocation work. IN WITNESS WHEREOF: The parties hereto have caused this instrument to be executed in triplicate by their duly authorized representatives as of the date first above written. CITY OF FAYETTEVILLE WATER & SEWER DEPARTMENT ee K� WC /�/Z Title Title p -, ARKANSAS STATE HIGHWAY COMMISSION Acting By and Through The ARKANSAS -STATE HIGHWAY and TRANSPORTATION DEPARTMMEENTT-.� irector of Highways & Transportation hief, Right of Way Division Elities Chief-Utction Right of Way Div ion APPENDIX A During the performance of this contract, the contractor, for itself, its as- signees and successors in interest (hereinafter referred to as the "contractor" agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation, Title 49, Code of,FederaL Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work per- formed by it during the contract, shall not discriminate on the grounds of race, color, sex, national origin, or handicap, in the selection and retention of subcontractors, including procurements of materials and leases of equip- ment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or nego- tiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, national original, or handicap. (4) Information and Reports: The contractor shall provide all informa- tion and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any informa- tion required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as ap- propriate, and shall set forth what efforts it has made to obtain the informa- tion. (5) Sanctions for Noncompliance: In the event of the contractor's non- compliance with the. nondiscrimination provisions of this contractor, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but no limited to: (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of- equipment, unless exempt by the Regulations,or directives issued pursuant thereto. The contractor. shall take such action with respect to any subcontract or procurement as the State High- way Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direc- tion, the contractor may request the -State Highway Department to enter into such litigation to protect the interests of the state, and, in addition, the bontractor may request the United States to enter into such litigation to protect the interests of the United States. r AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this 16thday of April 19 91 ,. by and between the City of Fayetteville, Arkansas, hereafter referred to as the OWNER, and CEI Engineering Associates, herein -after referred to as the ENGINEER. The OWNER intends to construct utility relocations associated with AHTD Job. 4976, MAM-5089 (7), Highway 71 to Garland Avenue, Washington County, State of Arkansas, and the ENGINEER agrees to perform the. various professional engineering services required 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 (PRELIMINARY ENGINEERING PHASE) The ENGINEER shall furnish basic engineering services as follows for the Preliminary Engineering Phase: 1. The ENGINEER will prepare pre -design investigations required to determine project feasibility. 2. The ENGINEER will prepare pre -design- drawings and cost estimates. 3. The ENGINEER will furnish copies of the pre -design drawings, cost estimates, and layout maps to the OWNER. 4. The ENGINEER will attend conferences with the OWNER and other interested parties. 5. After the OWNER directs the ENGINEER to proceed, the ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, prepare detailed drawings, specifications and contract documents, and make a final cost estimate based on the final design for the entire system. The ENGINEER will check with the OWNER before proceeding with the design to obtain the latest versions of the OWNER's specifications and -contract documents. it is also understood that if subsurface explorations such as borings, soil tests and the like are required to determine amounts of rock • +4 I -- excavation or foundation conditions, the supervision of said explorations without but the costs incident to such explorati they are performed by the ENGINEER or by for by, the OWNER as set out in Section F ENGINEER will furnish additional charge, ons, no matter whether others, shall be paid hereof. 6. Prior to the advertisement for bids for each contract, the ENGINEER will provide not to exceed 10 copies of detailed drawings, specifications, and contract documents for use of the OWNER and the appropriate Federal, 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 for the actual cost of such.. copies. Upon -award-of each contract, the ENGINEER will furnish to the OWNER five sets of the drawings, specifications and contract documents for execution, and- will assist the OWNER in executing the contracts. 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 OWNER, are and shall remain the property of the OWNER, to be kept by the. ENGINEER by mutual agreement with the OWNER. 8. The drawings prepared by the ENGINEER under the provisions of the Section A.5 above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground. 9. TheENGINEER shall prepare and furnish to the OWNER without any additional compensation, three copies of -a map showing the needed construction easements. 10. The ENGINEER shall prepare and furnish detailed easement plats for the.OWNER's use in obtaining and recording easements. 11. The ENGINEER will attend the bid opening. and tabulate the bid proposals, make any analysis of the bids, and make recommendations for awarding contracts for construction. 12. Upon award of construction contracts the ENGINEER will provide five (5) sets of the contract documents for each contractor for use during construction. 13. The ENGINEER. further agrees to obtain and maintain, at the ENGINEER's expense, such insurance as will protect him and the OWNER from claims for bodily injury, death, or property damage which may arise from the negligent performance by the ENGINEER or by the ENGINEER's employees of the ENGINEER's functions and services required under this Agreement. Insurance shall be written with a limit of liability of not less than $100,000 for all damages arising out of bodily injury, including death, at any one accident; and a limit of liability of not less than S100,060 •aggregate for any such damages sustained by two or more, persons in any one accident. Insurance shall be written .with a limit of liability of not less than $50,000 for all property damage sustained by. any one person in any one accident;, and a limit of liability of not less than $50,000 aggregate for any damage sustained by two or more persons in any one. accident. Copies of Worker's Compensation Insurance shall be furnished to the OWNER prior to payment of first estimate. 14. Activities under Paragrph A.l, A.2 and A.3 shall be completed within 30 days after receipt of the written authorization. After review and approval of the services called for in Section A.1, A.2 and A.3 of this Agreement by the OWNER and the Arkansas State Highway and Transportation Department (AHTD), the ENGINEER will complete final drawings, specifications, and contract documents and submit for approval of the OWNER and all State regulatory agencies within 75 days after receipt of the written authorization, unless otherwise agreed to by both parties. If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER. SECTION B - ENGINEERING SERVICES (CONSTRUCTION PHASE) The ENGINEER shall provide basic engineering services as follows for the Construction Phase: 1. The ENGINEER will coordinate with the 'AHTD and OWNER's representative. 2. The construction time is estimated as indicated in Section D. This will be reviewed after completion of the services in Section A, and adjusted by Change Order as required, including any appropriate change in the cost of RESIDENT ENGINEERING services. 3. The ENGINEER will check and approve any necessary shop and working drawings furnished by contractors. 4. The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the. performance by any. contractor. 5. The ENGINEER will provide horizontal and vertical control in the form of benchmark circuit and two base lines for vertical control to be used by the contractor in staking the construc- tion. Sewer lines shall be staked for laser beam construction by the ENGINEER. 6. The ENGINEER will provide general resident engineering services of the work of the contractors as construction progresses. Unless notified by the OWNER in writing that the OWNER' will provide for. such services, the ENGINEER will provide detailed resident construction services (RESIDENT ENGINEERING).. The ENGINEER does not guarantee the performance of the contractor(s) by the ENGINEER's performance of such detailed construction services. The ENGINEER's undertaking hereunder shall not relieve the contractor of his 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. As part of these services, the ENGINEER shall prepare daily logs during the time of on - site construction work, and shall transmit these to the OWNER according to a mutually agreed schedule. 7. Any extension in the time of completion of the construction phase of the contract by the OWNER for any reason will result in corresponding increase in the not to exceed amount of Section D of this, AGREEMENT to cover the additional cost of RESIDENT ENGINEERING services in accordance with provisions of Paragraph E.3 of this AGREEMENT, regardless of the OWNER'S decision'. to enforce or pursue liquidated damage clauses in applicable. construction contracts. 8.. The ENGINEER will review and approve estimates for progress and final payments. 9. The ENGINEER will prepare and submit to OWNER and AHTD. any. required change orders for review and approval. 10. The ENGINEER will make final inspection to the OWNER. 11. The ENGINEER will provide the OWNER with one set of reproduc- ible (record) drawings, and two sets of prints at no addi- tional cost to the OWNER. Such drawings will be based upon information. provided by the RESIDENT ENGINEER. 12. The ENGINEER will prepare notices and advertisement of final payments if required by state statutes. 13. The ENGINEER will be available to furnish engineering services and consultations necessary to correct all unforeseen project operating difficulties for a period of one year after the date of final inspection and acceptance of the facility by the OWNER. The 'service will include instruction of the OWNER in initial project operation and maintenance but will not include supervision of normal operation of the system. Such consulta- tion and advice shall be furnished without additional charge Nexcept for, travel and subsistence costs as indicated in Section D. 14., The ENGINEER further agrees to obtain and maintain, at the ENGINEER's expense, such insurance as will protect him and the OWNER from claims under the Worker's Compensation Act and from all claims for bodily •injury, death, or property damage which may arise from the negligent performance by the ENGINEER or by the ENGINEER's employees of the ENGINEER's functions and services required under this Agreement. Insurance shall be written with a limit of liability of not less than 5100,000.00 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any other person in any one accident; and a limit of liability of not less than $100,000.00 aggregate for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than S50,000.00 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $50,000.00 aggregate for any damage sustained by two or more persons in any one accident. Copies of Worker's Compensation Insurance shall be furnished to the OWNER prior to payment of first estimate. SECTION C - COMPENSATION FOR ENGINEERING SERVICES (PRELIMINARY ENGINEERING PHASE) The OWNER shall compensate the ENGINEER for engineering services during the Preliminary Engineering Phase on a cost plus fixed fee basis with a fixed upper limit of $25,500.00. The following is the ENGINEER's ESTIMATE of costs for this phase. • Est. Hourly Total Mrs. Rate Cost Principal Engineer Project Engineer CADD Engineering Tech. Design Draftsman Survey -Party Chief -Instrument Man -Rodman -Technician Registered Land Surv. 50 170 210 80 96 72 96 64 48 $25.00 15.00 10.39 7.00 9.87 8.23 6.05 8.23 11.49 $1,250.00 2,550.00 2,181.90 560.00 947.52 592.56 580.80 562.72 551.52 TOTAL ESTIMATED BASE SALARY $ 9,741.02 Payroll Expenses @ 0.28 2,727.49 TOTAL DIRECT LABOR 12,468.51 General Overhead @ 0.83 8,085.05 TOTAL LABOR AND OVERHEAD 20,553.56 Profit (Fixed Lump Sum) 3,083.03 TOTAL ESTIMATED P.E. COST $23,636.59 THE COST SHALL NOT EXCEED $25,500.00 SECTION D - COMPENSATION FOR ENGINEERING SERVICES (CONSTRUCTION PHASE) The OWNER shall compensate the ENGINEER for engineering services during the Construction Phase on a cost plus fixed fee basis with a fixed upper limit of $25,100.00. These costs cover a maximum construction. period of 18 weeks (subject to change per Paragraph beginning from the start of on -site work to the Notice of Substantial Completion, during which full time Resident Engineering services will be provided (full-time for the 18 weeks), and includes four week periods before and after the above period, during which part-time services for contract administration, shop drawing review, record survey and site inspection will be provided. The following is the ENGINEER's ESTIMATE of costs for this phase: Est. Hourly Total Hrs. Rate Cost Principal Engineer 20 $25.00 $ 500.00 Project Engineer 70 15.00 1,050.00 CADD Technician 34 10.39 353.26 Survey -Party Chief 24 9.87 236.88 -Technician 24 8.23 197.52 -Rodman 24 6.05 145.20 Resident Engineering 760 .9.50 7,220.00 TOTAL ESTIMATED BASE SALARY S 9,702.86 Payroll Expense @ 0.28 2,716.80 TOTAL DIRECT LABOR 1 12,419.66 General Overhead @ 0.83 8,053.37 TOTAL LABOR AND OVERHEAD 20,473.03 Review Fees (ADOH) 500.00 Profit .(Fixed Lump Sum) 3,070.95 Travel and subsistance per Paragraph B.13 100.00 TOTAL ESTIMATED C.E. COST $24,143.98 THE COST SHALL NOT EXCEED $25,100.00 SECTION E - GENERAL CONDITIONS 1. CHARGES: The method of establishing fees for our services is derived from Manual 45 of the American Society of Civil Engineers. Charges for our services are divided into three categories: Labor, Consultants, and Reimbursable Expenses. A new schedule of charges and conditions is issued at the beginning of each year. The schedule of charges may also be revised during the year, as conditions dictate. Changes will not be made within a calendar year on a continuing project without prior Client authorization. Labor charges are made for all" activity directly attributable to a project. No charge is made for general office admini- stration, accounting, or maintenance. Labor charges are billed as indicated in Sections C and D. Timespent in travel in the interest of the OWNER will be billed at hourly rates, except that no more than eight (8) hours of travel will be charged. on any one day. In cases where CEI Engineering r Associates, Inc. retains an outside consultant or services firm to provide services outside of our area of practice, cost of such services will be charged at cost times a multiplier of 1.10. This multi-plier covers the costs of insurance on such subcontracts, billing verification and approval, and processing and carrying costs of payments. . Out-of-pocket materials and serviceswill cost rate. Common items to which this include: printing and photographic work, laboratory testing, travel (other ..than subsistence expenses, and survey crew sup pipe, stakes, and paint. be charged at the rate would apply delivery services, vehicle mileage), plies such as iron Mileage is billed at the rate of S0.275 per mile. In-house reproduction and facsimile communications will be charged at industry rates. The ENGINEER shall maintain, and shall provide to AHTD when requested, documentation for payroll and overhead expenses. 2. INVOICES: Invoices will be rendered monthly, either as final o.= progress billing, and will be payable upon receipt. An additional late payment charge of 1% per month will be applied to accounts delinquent beyond 60 days. Each invoice shall be supported by documentation as-will'be reasonably requested by the OWNER. e 3. CHANGES IN SCOPE AND FEE: The ENGINEER's fee, as set forth in Section C and Section D, is for the specific scope of work described in Section A and section B, as required by the preliminary roadwork drawings prepared by the Arkansas Highway and Transportation Department (AHTD) dated as RECEIVED on January 2, 1991, and in accordance with the typical utility location practices of the AHTD. Any changes requested or required by the OWNER or the AHTD shall constitute a change in the ENGINEER's Scope of Work and justify an adjustment in the ENGINEER's compensation. In such circumstances, the ENGINEER will immediately notify the OWNER .of the change of scope and indicate the estimated costs to the ENGINEER resulting therefrom. The ENGINEER will not proceed with work within the changed scope until either l) a revised compensation schedule is agreed to with the OWNER in writing, or 2) the OWNER directs CEI, in writing, to proceed with the work prior to agreement on a revised compensation schedule. This latter circumstance will be a representation of the OWNER to the ENGINEER of the OWNER's intention to compensate the ENGINEER for additional costs, including an appropriate adjustment to ENGINEER's profit (fee), in accordance with later negotiations. Invoices for work related to scope changes shall be incorporated into regular project invoices, unless the written notice from the OWNER requests separate invoicing for work related to scope changes. The failure of the ENGINEER to immediately recognize or provide notification of the scope changes shall not relieve the OWNER of the responsibility to compensate the ENGINEER for costs of work related to scope changes. 4. CONDITIONS: CEI Engineering Associates, Inc. (CEI) services shall be performed in a manner consistent with that level of care and skill ordinarily exercised. by other professional consultants performing comparable services under comparable circumstances at the time services are performed under this agreement. No other representations to OWNER, express or implied, and no warranty or guarantee not expressly stated herein is included or intended in this agreement. No statements contained in any report, opinion, document, 'or otherwise, whether prepared prior to, at the same time, or subsequent to this agreement, are intended to, and do not, constitute any warranty or guarantee by CEI as to the services performed under this agreement.. 4 OWNER shall have the right to use any and all materials arising from CEI's effort on the project (the "Materials") only ..for purposes expressly contemplated in this agreement. The Materials shall not be used by OWNER for other projects or for additions to the subject project, except by agreement in writing. OWNER agrees to indemnify, defend, and hold harmless CEI against all loss, damage, liability, suit, or claim (including, attorneys' fees) resulting from any use of the Materials not expressly authorized by this agreement. Binding arbitration shall be a means of settling disputes if both OWNER and ENGINEER are in agreement as to the circumstances covered by and procedures for the arbitration. All provisions under the heading "CONDITIONS" shall survive termination or completion of this agreement. SECTION F - ADDITIONAL ENGINEERING SERVICES In addition to the foregoing being performed, the following services may be provided UPON WRITTEN AUTHORIZATION OF THE OWNER: 1. Laboratory tests, well tests, borings, specialized geological, hydraulic or other studies recommended by the ENGINEER. 2. Study of changes, resulting from the highway construction, in the drainage characteristics of water courses within the City, especially those water courses immediately downstream of the project area. The. ENGINEER will provide the. OWNER with a report indicating the results of the study. The estimated cost of this study is 53,000.00. This study shall consist of the following tasks: a. Inspect the site, including the affected drainage basins; review USGS and FEMA maps. b. Meet with AHTD officials to determine the changes in hydrology that can be expected as a result of the highway improvements; obtain copy of any relevant information concerning storm water quantities. i c. Conduct a computer analysis of the drainage basin to determine downstream storm water flows; indicate how flows will increase or decrease as a result of the highway work. d. Prepare a report that describes: 1) changes in the hydrology of the downstream drainage basin; and .2) probable improvements to correct deficiencies in the capacity of downstream drainage facilities. 3. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER. 4. Appearances before courts or boards on matters of litigation related to the project. 5. Changes in the scope of the work to be performed, either as requested by the OWNER or the AHTD, or as reasonably noted by the ENGINEER during the course of executing the project. • � it .__ • \ Payment for the services specified in this Section F shall be as agreed between the OWNER and ENGINEER prior to commencement of the work. The ENGINEER will render to OWNER. for such services an itemized bill, separate from any other billing, at the end of each month for compensation for services performed hereunder during such month, the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following month. The estimated costs in association with the work described in this Section F is not included in Sections C or D. IN WITNESS WHEREOF, the parties. hereto have executed, or. caused to be executed by their duly authorized officials, the Agreement in duplicate on the respective dates indicated. below. (SEAL) ATTEST: dZJi/.,9 p�. TYPE NAME .��e22V 1. 7`liomlis TITLE ATTEST: TYPE NAME° Q TITLE: 4948CONT OWNER: BY,,{{//� TYPE NAME Fred S VoYsanger TITLE MAYOR CEI ENG E RING 0 ATES, INC BY: TYP NAME: Robert E. Holmes TITLE: Senior Principal DATE: