HomeMy WebLinkAbout68-91 RESOLUTION•
•
•
s» t
•
RESOLUTION NO. 68-91
•
1.0
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT WITH CEI
ENGINEERING ASSOCIATES, INC. FOR SERVICES ON
THE WEDINGTON DRIVE WATER AND SEWER
RELOCATIONS.
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 in the amount of
$57,000.00 with CEI Engineering Associates, Inc. for services on
the Wedington Drive water and sewer relocations. A copy of the
contract authorized for execution hereby is attached hereto marked
Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 16th day of April
APPROVED:
B
.ATTEST:
''f ,61:' ehri-Nc
a)1
_By.
`:
City CIIlerk '.
..r+sre..... thT\ .
•
•
, 1991.
Mayor
•
•
•
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, HAM -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,
excavation or foundation conditions, the ENGINEER will furnish
supervision of said explorations without additional charge,
but the costs incident to such explorations, no matter whether
they are performed by the ENGINEER or by others, shall be paid
for by the OWNER as set out in Section F 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. The ENGINEER 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
$100,000 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
e stimate.
14. Activities under Paragrph A.1, 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
S ection 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
o f 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
S ection 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.
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
o f 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-
t ion and advice shall be furnished without additional charge
e xcept for travel and subsistence costs as indicated in
S ection 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 $100,000.00
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 $50,000.00 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
e stimate.
SECTION C - COHPENSATION 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.
THE
Principal Engineer
Project Engineer
CADD Engineering Tech.
Design Draftsman
Survey -Party Chief
- Instrument Man
- Rodman
- Technician
Registered Land Surv.
Est.
Hrs.
50
170
210
80
96
72
96
64
48
Hourly
Rate
$25.00
15.00
10.39
7.00
9.87
8.23
6.05
8.23
11.49
TOTAL ESTIMATED BASE SALARY
Payroll Expenses @
TOTAL DIRECT LABOR
General Overhead @
O .28
O .83
TOTAL LABOR AND OVERHEAD
Profit (Fixed Lump Sum)
TOTAL ESTIMATED P.E. COST
COST SHALL NOT EXCEED $25,500.00
Total
Cost
$1,250.00
2,550.00
2,181.90
560.00
947.. 52
592.56
580.80
562.72
551.52
$ 9,741.02
2,727.49
12,468.51
8,085.05
20,553.56
3,083.03
$23,636.59
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
B.2, 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:
Principal Engineer
Project Engineer
CADD Technician
Survey -Party Chief
- Technician
- Rodman
Resident Engineering
Est.
Hrs.
20
70
34
24
24
24
760
TOTAL ESTIMATED BASE
Hourly
Rate
$25.00
15.00
10.39
9.87
8.23
6.05
9.50
SALARY
Payroll Expense @ 0.28
TOTAL DIRECT LABOR
General Overhead @ 0.83
TOTAL LABOR AND OVERHEAD
Review Fees (ADOH)
Profit (Fixed Lump Sum)
Travel and subsistance per
Paragraph B.13
TOTAL ESTIMATED C.E. COST
THE COST SHALL NOT EXCEED
•
Total
Cost
$ 500.00
1,050.00
353.26
236.88
197.52
145.20
7,220.00
9,702.86
2,716.80
12,419.66
8,053.37
20,473.03
500.00
3,070.95
100.00
$24,143.98
$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.
Time spent 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 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 services will be charged at the
cost rate. Common items to which this rate would apply
include: printing and photographic work, delivery services,
laboratory testing, travel (other than vehicle mileage),
subsistence expenses, and survey crew supplies such as iron
pipe, stakes, and paint.
Mileage is billed at the rate of $0.275 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.
INVOICES:
Invoices will be rendered monthly, either as final or 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.
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 withworkwithin the changed scope until either 1)
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
o f 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
o ther representations to OWNER, express or implied, and no
warranty or guarantee not expressly stated herein is included
o r 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.
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
terminationor 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 S3,000.00.
•
This study shall consist of the following tasks:
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.
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.
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.
•
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
caused to be executed by their duly
Agreement in duplicate on the respective
(SEAL)
ATTEST: de O� . arl,,.
TYPE NAME 611e/my L. Thom4s
TITLE (',L[w.L t&n4;
OWNER:
BY
TYPE NAME
TITLE MAYOR
hereto have executed, or
authorized officials, the
dates indicated below.
ih(MA/2\--
Fred S. VoYsanger
ATTEST: CEI ENG
TYPE NAME V
BY:
TYP
E RING 0 ATES, INC.
TITLE:
NAME: Robert E. Holmes
Senior Principal
TITLE: DATE: ¢-5-9(
4948CONT