HomeMy WebLinkAbout37-91 RESOLUTIONRESOLUTION NO. 37-91
A RESOLUTION AUTHORIZING THE EXECUTION OF A
ENGINEERING CONTRACT WITH MCGOODWIN, WILLIAMS
& YATES.
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY'OF
FAYETTEVILLE, ARKANSAS: .
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Section 1. `That the 'Mayor and •City Clerk are hereby
authorized and directed to execute a engineering contract with
McGoodwin, Williams & Yates in the amount, of $38,500.00 for
construction}of a. new bridge{over,Mud Creek just east,of Highway
265 on Old Wire RoadY• A copy of the contract authorized for
execution hereby is attached hereto marked Exhibit "A" and made a
part hereof.
PASSED AND APPROVED this 5th day of March , 1991.
APPROVED:
By:
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FATTEST:
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Mayo
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AGREEMENT FOR ENGINEERING SERVICES
OLD WIRE ROAD BRIDGE CONSTRUCTION
CITY OF FAYETTEVILLE, ARKANSAS
THIS AGREEMENT, made and entered into this 5th day of
March , 1991, by and between the City of Fayetteville, Arkansas,
hereinafter referred 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 desires to employ the Engineer to provide the engineering
services required for preliminary and final design and to prepare construction plans and
specifications and to provide certain construction management services for the proposed
facilities;
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 project as presently contemplated by the Owner consists of the construction
(or replacement) of the bridge on Old Wire Road just east of Arkansas State
Highway 265 in Fayetteville.
SECTION II. SCOPE OF ENGINEERING SERVICES
The Engineer shall provide at his own expense a suitable engineering staff to
perform necessary field surveys, preliminary and final detailed design, prepare plans and
specifications, provide the needed services during construction of the project, and to
provide other services as directed by the Owner. The engineering staff shall consist of
engineers, engineering technicians, inspectors and other assistants as may be necessary
to carry on the engineering work in an efficient and expeditious manner. The Engineer
will provide the following services:
A. Preliminary Engineering Services
1. Provide preliminary investigations, preliminary surveys, and establish
other data as is required to make cost estimates and
recommendations to the Owner relative to the work required.
2. Establish the scope of any geotechnical investigations which, in his
opinion, may be required for design and site location for the bridge
improvement. 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).
3. Provide assistance relating to obtaining the necessary permits for
construction of the project and assist in organizing meetings with the
various agencies involved.
4. Advise the Owner as to areas of the project where it appears that
construction activity will take place on private property, and therefore
will require preparation of easement legal descriptions and plats for
easement acquisition. In some instances it may be necessary to
conduct detailed land surveys to obtain the information necessary to
write the legal descriptions and prepare the plats. In such cases,
the Engineer will advise the Owner of this need, but will not be
responsible for performing any necessary land surveys. The Owner
may elect to direct the Engineer to perform certain land surveys and
to prepare certain tract maps (cost of such land surveys and tract
maps to be borne by the Owner). As directed by the Owner, the
Engineer will perform the following work
a) Furnish or obtain the services of a "Registered Land
Surveyor" as necessary to provide detailed property surveys
b) Prepare tract maps as may be required.
B. Final Design and Construction Plans and Specifications
1. Perform any additional field surveys required for final design of the
project.
2. Prepare final design for the project.
3. Prepare construction specifications and drawings.
4. 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.
5. 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.
Prepare easements and tract plats for easement acquisition
necessary for construction of the project
C. 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, 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.
D. Construction Management Services
1. Attend a preconstruction conference scheduled by the Owner and
assist in preparing and issuing a Notice to Proceed to the contractor
2. 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 qualityof 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.
3. Furnish the services of resident Project Representatives and other
field personnel for on-site observation of construction as deemed
necessary by the Engineer 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 as necessary 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 benchmarks for site elevation references as shown in the
plans and specifications.
4. Consult and advise the Owner; issue all instructions to the contractor
requested by the Owner; and prepare routine change orders as
required.
5. 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 ensure 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 confined
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.
6. Prepare and verify monthly and final estimates for payments to the
contractor and furnish to the Owner any necessary certifications as
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to payments to contractors and suppliers; assemble written
guarantees which are required by the contract documents.
7. 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
Furnish to the Owner a copy of the Plans of Record for the project.
E. Additional Services
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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. 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. Land record research to determine the apparent land owners, descriptions.
of the land owners' properties, subdivision plats, and other data that may
be required in order to write any required easement legal descriptions and
prepare plats for easement acquisition.
D. Paying the costs necessary to provide detailed property surveys and
associated tract plats required for the project.
E. Obtain the necessary lands, easements and rights-of-way for the
construction of the work.
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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.
G. Excavations as needed to determine elevation and/or locations of
underground utilities when same cannot be determined by any other
procedure.
H. Paying the costs of making necessary geotechnical investigations, analyses
of materials and laboratory work.
1. Pay all plan review costs and all costs of advertising in connection with the
project.
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.
K. Furnishing permits and approvals from all governmental authorities having
jurisdiction over the project and others as may be necessary for completion
of the project.
L. Obtaining construction bids from contractors for work relating to the project
and bearing all costs relating thereto.
M. 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.
SECTION IV. COMPENSATION
In consideration of the performance of the foregoing services by the Engineer, the
Owner shall pay to the Engineer as full compensation for such services the amounts as
hereinafter set out.
A. For preliminary engineering services and final design and construction
plans and specifications, a fixed fee in the amount of $20,000.
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B. For bidding and preconstruction services and construction management
services, based on the actual time required by the various classifications
of employees necessary to perform the work at the following established
hourly rates:
Employee Classification Hourly Rate
Engineer III $ 93.00
Engineer II $ 68.00
Engineer 1 $ 53.00
Administrative $ 57.00
Architect $ 54.00
Technician III $ 45.00
Technician II $ 37.00
Technician 1 $ 31.00
Secretary $ 44.00
Clerical $ 24.00
The Engineer agrees to keep an accurate record of the hours of the
various classifications of personnel working on the project and to make
available to the Owner supporting documentation of the time required.
Based on a three-month construction period, a maximum fee in the amount
of $18,500 is hereby established for work set out under this section. This
fee ceiling will not be exceeded without authorization by the Owner.
C. For additional services required which are outside the scope of this
agreement, compensation shall be mutually agreed upon by both parties
prior to performing the work
D. Payment for engineering services under this agreement 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.
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.
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The Owner shall not be restricted in his subsequent use 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 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 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.
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4 Attest:'.
07.7
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4Sherry Thi�mas, GityYClerk
Attest:
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CITY OF FAYETTEVILLE, ARKANSAS
=M�cYrele 77
Gredri, Asst. Mayor
McGOODWIN, WILLIAMS AND YATES, INC.
Charles R. Nickle, Vice -President
Acting Secretary
L. Carl Yates, Pff ident
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