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HomeMy WebLinkAbout27-95 RESOLUTIONRESOLUTION NO. 27-95 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT IN THE AMOUNT OF $47,730.00, PLUS A 10% PROJECT CONTINGENCY OF $4,773.00 TO MCGOODWIN, WILLIAMS & YATES, INC., FOR THE 24" WATER LINE REPLACEMENT ON 6TH STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby authorizes the Mayor and City Clerk to execute a contract in the amount of $47,730.00, plus a 10% project contingency of $4,773.00, o Mcgoodwin, Williams & Yates, Inc., for the 24" water line replacement on 6th street. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 21st day of February , 1995. APPROVED: By: ATTEST: 1J By: (if/ire . /Lb Traci Paul, City Clerk /14/41444 ed Hanna, Mayor • AGREEMENT FOR ENGINEERING SERVICES WATER LINE REPLACEMENT THIS AGREEMENT, entered into this day of 1995, by and between the City of Fayetteville, Arkansas, herein- after referred to as the "Owner," and the engineering firm of McGoodwin, Williams and Yates, Inc., of Fayetteville, Arkansas, hereinafter referred to as the "Engineer," WITNESSETH THAT: WHEREAS, the Owner owns .and operates a water distribution system to serve the citizens of Fayetteville; and WHEREAS, the Owner desires to replace certain water lines in the system; and WHEREAS, the Engineer has demonstrated experience and competency to provide the engineering services required for the design and construction management of this project; and WHEREAS, the Owner desires to employ the Engineer to provide engineering services through design, preparation of plans and specifications, and construction of the replacement lines; 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. Section I. Scope of Services The project as contemplated by the Owner consists of the replacement of approximately 3,370 linear feet of 24" water lines on Sang, 6th Street, and Lorena and approximately 170 linear feet of 6" water line also on 6th Street .(west of Hollywood). Section II. Scope of Engineering Services The Engineer shall provide a suitable engineering staff to complete the necessary field surveys, to perform detailed design, to prepare plans and specifications, to provide needed services during construction of the project, and to provide other services as may be directed by the Owner. The staff shall consist of engineers, engineering technicians, inspectors and other assistants as may be necessary to carry on the work in an efficient and expeditious manner. Fy-248 W/L - 1 • • The Engineer will provide the following services: A. Design and Preparation of Construction Plans and Specifications 1. Perform any field surveys required for preliminary and final design. 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. It is understood and agreed that these cost estimates will be prepared for planning and budgeting purposes only and that actual bids received for the construction work may exceed the estimated cost. 5. Establish the scope of any geo-technical investi- gations, special surveys, or testing which, in his opinion, may be required for design and arrange with the Owner the conduct of such investigations and tests (costs of such tests to be borne by the Owner). 6. Furnish to the Owner, where required by the circumstances of the assignment, the engineering data (including construction plans and specifi- cations) necessary for applications for routine permits and approvals by local, state and federal authorities. B. Bidding and Preconstruction Services The Engineer will prepare and distribute advertise- ments 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(s) and assist in the preparation of contract documents. Bid tabulations and supporting documents will be prepared and submitted to the Owner. Fy-248 W/L - 2 • C. Construction Services 1. Attend a preconstruction conference scheduled by Owner. At the time .of the preconstruction conference, Notices to Proceed will be issued. 2 Furnish professional engineers to make periodic visits to the site (as distinguished from the 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. 3. 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. 4. Consult with 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. Fy-248 W/L - 3 This review is for the benefit of the Owner to insure general conformance with the .design concept of the project and general compliance by thecontractor 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. 6. 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. 7. Attend, in company with the Owner's represent- ative, 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. 8. Furnish to the Owner a reproducible copy of the record drawings for the project. D. 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 negotiations. 2. 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 as full compensation for such services the amounts as hereinafter set out. A. For work set out under Section II -A, "Design and Preparation of Construction Plans and Specifications," Fy-24S W/L - 4 compensation shall be a lump sum fee of $21,730. Payment shall be made in two equal installments of $10,865 with the first payment due 30 days after execution of the contract and the final payment due upon completion of work under this section. H. For engineering services during the bidding and preconstruction phase (Section II -8), a lump sum amount of $3,100. This fee covers engineering services through preparation of construction contracts and shall be due and payable in one lump sum amount when construction contracts are ready for execution. C. For construction services as set out in Section II -C, and for any additional services required under Section II -D, compensation to the Engineer shall be paid on an hourly basis in accordance with the rates set out below, plus reimbursable expenses. Classification Hourly Rate Engineer 5 $105.00 Engineer 4 87.00 Engineer 3 75.00 Engineer 2 56.00 Engineer 1 44.00 Architect 2 $ 63.00 Architect 1 53.00 Technician 5 $ Technician 4 Technician 3 Technician 2 Technician 1 Clerical 3 Clerical 2 Clerical 1 60.00 52.50 41.50 33.00 26.00 $ 64.00 50.00 29.00 Hourly rates are subject to adjustment annually on January 1. The Engineer agrees to keep an accurate record of the hours of the various classifications of personnel working on the project. Statements shall be submitted monthly and shall include all costs accrued. Fees for services during construction are estimated at $22,900, based on a construction period of 60 calendar days. The Engineer will also be compensated under this paragraph for any additional time incurred due to default by contractors, litigation, or other cause not normally anticipated. Fy-248 W/L - 5 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, permit fees, 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 ten percent (10%). Payment for engineering services under this agreement shall be made within 30 days after claim submittal by the Engineer. 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 soundings, 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. Fy-248 W/L - 6 • 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 when- ever the Owner observes or otherwise becomes aware of any defect in the project or other event which may substantially alter the Engineer's performance under this Agreement. Section V. Documents 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 subsequent use of said documents. However, reuse of any of these documents by the Owner on extensions of this project or on any other project without the written permission of the Engineer shall be at the Owner's risk; and the Owner agrees to defend, indemnify, and hold harmless the Engineer from all claims, damages, and expenses, including attorneys' fees, arising out of such unauthorized reuse of the documents prepared by the Engineer under this contract by the Owner or by others acting through the Owner. Section VI. Termination The obligation t� provide further services under this Agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure by the other part to perform in accordance with the terms hereof through no fault of the terminating party. Fy-248 W/L - 7 • • • 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. Attest: 712aL Traci Paul, City Clerk Attest: CITY OF FAYETTEVILLE, ARKANSAS Fre 'Hanna, Mayor McGOODWIN, WILLIAMS AND YATES, INC. 1 v `I . it `ii Yates, P i.enliwar a les R. N c e Vice President Fy-248 W/L - 8