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HomeMy WebLinkAbout64-95 RESOLUTION• RESOLUTION NO. 64-95 A RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A ENGINEERING SERVICES CONTRACT WITH CEI ENGINEERING ASSOCIATES, INC. IN THE AMOUNT OF $50,000.00 FOR PRELIMINARY ENGINEERING PHASE AND $80,000.00 FOR CONSTRUCTION PHASE OF THE WATER/SEWER RELOCATION ON WEDINGTON DRIVE (112 SPUR) FROM GARLAND TO HIGHWAY 71. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Council hereby approves and authorizes the Mayor and City Clerk 10 execute a engineering services contract with CEI Engineering Associates, Inc. in the amount of $50,000.00 for preliminary engineering phase and $80,000.00 for construction phase of the water/sewer relocation on Wedington Drive (112 Spur) from Garland to Highway 71. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 2nd day of May , 1995. APPROVED: i �' /� By. y ,lbb,�. ,Fred Hanna, Mayor ATTEST: By: Traci Paul, City Clerk EXHIBIT A AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT made thisolnJ day of hn a y 1995, by and between the City of Fayetteville, Arkansas, hereinafter referred to as the OWNER, and CEI Engineering Associates Inc., hereinafter referred to as the ENGINEER. WHEREAS: the Arkansas Highway and Transportation Department (AHTD) plans to widen Wedington Drive from Highway 71 to Garland Avenue (AHTD Job 4976, MAM-5089 (7), Highway 71 to Garland Avenue, Washington County, State of Arkansas, and; WIIEREAS: the OWNER is required to relocate water and sewer facilities conflicting with the AHTD improvements, and; WIIEREAS: the City utilities to be relocated will generally be replaced with a 24 -inch waterline from Futrall Drive to Lewis Avenue and an 8 -inch waterline from Lewis Avenue to Garland Avenue along the north side of Wedington Drive, an 8 -inch waterline from Futrall Drive to Lewis Avenue along the south side of Wedington Drive, and 8 -inch sewer lines, with manholes, from Lewis Avenue to Oak Drive along the south side of Wedington Drive, and; WHEREAS: the City desires to install encasement around to -be -retained facilities which cross Wedington Drive by cutting the pavement and installing "split" encasement rather than by installing parallel lines, and; WHEREAS: the FNGINEER 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: CEI Project :G9E3 1 4-11-95 SECTION A - ENGINEERING SERVICES (PRELIMINARY ENGINEERING PHASE) The ENGINEER shall furnish basic engineering services as follows for the Preliminary Engrneertng Phase: 1. The ENGINEER will conduct pre -design investigations required to determine project feasibility. Investigations will be limited to the following. a) Acquire necessary AHTD and City drawings. b) Compare AHTD drawings of proposed improvements against City's utility atlases to identify interferences between existing utilities and the proposed roadway improvements. c) Determine utility relocations necessary to eliminate interferences. d) Review proposed utility relocations against field conditions. 2. The ENGINEER will prepare pre -design drawings and cost estimate. 3. The ENGINEER will furnish two copies of the pre -design drawings, cost estimate, and layout maps to the OWNER. 4. The ENGINEER will attend conferences with the OWNER, and other interested parties, to approve proposed utility relocations. 5. Upon receiving notice from the OWNER to proceed and after AHTD establishes the alignment in the field, the ENGINEER will perform the necessary design surveys, perform 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 OWNER will provide the latest versions of the OWNER's contract documents, including supplementary and special conditions. If subsurface explorations, such as borings, soil tests, etc. are required, the ENGINEER will coordinate said explorations without additional charge; the costs incident to such explorations, no matter whether they are performed by the ENGINEER or by others, shall be paid by the OWNER as set out in Section F hereof. 6. Prior to the advertisement for bids for each contract, the ENGINEER will provide up to 10 copies of detailed drawings, specifications, and contract documents for use of the OWNER and the appropriate Federal, State, or local agencies. The cost of such drawings, specifications and contract documents shall be included in the basic compensation paid to the ENGINEER. CEI Project 13961 2 a -==-9s 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 the 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 costs of these sets shall be included in the basic compensation paid to the ENGINEER. Original documents, survey notes, tracings, and the like 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 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 key map showing the required construction easements. 10. The ENGINEER shall prepare and furnish detailed easement plats for the OWNER's use. The ENGINEER will recommend widths for permanent and construction easements. Easement descriptions, in the format directed by OWNER, will be written for widths as directed by OWNER. It is the OWNER's intent to locate a new 8 -inch waterline on the south side of Wedington Drive within the State's Right -of -Way; therefore, it is believed that 55 easements will have to he acquired for the relocation of the other water and sewer facilities. Easement descriptions shall be described by metes and bounds and shall include the area of the specific easement. 11. The ENGINEER will attend the bid opening, tabulate the bid proposals, analyze the bids, and make recommendations for awarding contracts for construction. 12. Upon award of the contract, the ENGINEER will provide five (5) sets of the contract documents to the contractor for use during construction. 13. The ENGINEER further agrees to obtain and maintain, at the ENGINEER's expense, such insurance as will protect the ENGINEER 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 Tess 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 estimate. CEI Project 1953 3 4 95 14. Activities under Section A.1, A.2 and A.3 shall be completed within 30 days after receipt of the written authorization. After approval by the OWNER and the Arkansas State Highway and Transportation Department (AHTD) of the products described in Section A 1, A.2 and A.3 of this Agreement and after receipt of a written notice to proceed, the ENGINEER will complete and submit all final drawings, specifications, and contract documents within 75 days. if final documents are not received within the specified period, this Agreement may be terminated by the OWNER. E: Project 1' 9 REMAINDER OF THIS PAGE LEFT BLANK 4 4-11-95 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. 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 construction. Sewer lines shall be staked for laser beam construction by the ENGINEER. 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's performance of RESIDENT ENGINEERING services does not guarantee the contractor's performance. The ENGINEER's undertaking hereunder shall not relieve the contractor of his obligation to perforin 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 logs during the time of on-site construction work, and shall transmit these to the OWNER according to a mutually agreed schedule. Any extension in the time of completion of the construction phase of the contract by the OWNER for any reason will result in an agreed-upon increase in the not -to -exceed amount of Section D of this AGREEMENT to cover the additional cost of RESIDENT ENGINEERING services. This increase shall be 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. The ENGINEER will review and approve estimates for progress and final payments. CEI Project 10963 5 4 11 95 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. 11. The ENGINEER will provide the OWNER with one set of reproducible record drawings, and two sets of prints at no additional cost to the OWNER. Such drawings will be based upon information provided by the contractor and the RESIDENT ENGINEER. 12. The ENGINEER will prepare notices and advertisement of fmal 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 consultation and advice shall be furnished without additional charge except for travel and subsistence costs as indicated in Section E. 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 estimate. CE: Prejett 1Ii9A REMAINDER OF THIS PAGE LEFT BLANK 6 4 11 95 • 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 $50,000.00. The following is the ENGINEER's ESTIMATE of costs for this phase. Engineer V Engineer IV Engineer II1 CADD Tech II CADD Tech I Designer III Surveyor II Surveyor I Field Specialist II Field Specialist I Estimated Hours -0- 37 201 265 -0- 16 280 -0- 86 148 TOTAL ESTIMATED BASE SALARY Payroll Expenses a 34% TOTAL DIRECT LABOR General Overhead (al 120% TOTAL LABOR AND OVERHEAD Profit (Fixed Lump Sum) Estimated Reimbursable Expenses TOTAL ESTIMATED P. E. COST THE COST SHALL NOT EXCEED E- Project 1U96n Hourly Rate 25.90 24.00 18.47 12.61 8.91 23.96 19.35 11.68 9.94 9.02 $50,000.00 Total Cost - 0- 888.00 3,712.47 3,341.65 - 0- 383.36 5,418.00 - 0- 854.84 1,334.96 $15,933.28 5,417.32 $$21,350.60 19,119.94 $40,470.53 6,070.58 $200.00 $46,741.11 7 4 -fl 95 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 $80,000.00. These costs cover a maximum construction period of 34 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 34 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. Engineer V Engineer IV Engineer III CADD Tech II CADD Tech I Designer I11 Surveyor II Surveyor I Field Specialist II Field Specialist I Resident Observer Estimated Hours 4 71 166 52 4 -0- 86 -0- 86 88 1,472 TOTAL ESTIMATED BASE SALARY Payroll Expenses @ 34% TOTAL DIRECT LABOR General Overhead @ 120% TOTAL LABOR AND OVERHEAD Profit (Fixed Lump Sum) Estimated Reimbursable Expenses TOTAL ESTIMATED P. E. COST THE COST SHALL NOT EXCEED CEI Project 13963 Hourly Rate 25.90 24.00 18.47 12.61 8.91 23 96 19.35 11.68 9.94 9.02 11.27 $80,000.00 Total Cost 103.60 1,704.00 3,066.02 655.72 35.64 -0- 1,664.10 -0- 854.84 793.76 16.589.44 $25,467.12 8,658.82 $34,125.94 30,560.54 $64,686.48 9,702.97 300.00 $74,689.46 8 4-11-95 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 administration, 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 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 multiplier covers the costs of insurance on such subcontracts, billing verification and approval, and processing and carrying costs of payments. No outside consultants shall be utilized without the express written approval of OWNER. 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 not to be billed. In-house reproduction and facsimile communications will be charged at industry rates. The ENGINEER shall maintain and shall provide to AHTD and/or OWNER, when requested. documentation for payroll and overhead expenses. 2. INVOICES: Invoices will be rendered monthly, either as final or progress billing, and will be payable upon receipt. Each invoice shall he supported by reasonable documentation as requested by the OWNER. CE1 Pro-ect 10963 9 4-]]-95 3. CHANGES IN SCOPE AND FEE: The ENGINEER's fees, as set forth elsewhere in this AGREEMENT, are for the specific scope of work described in Sections A and Section B. This scope is based on the preliminary drawings prepared by the Arkansas Highway and Transportation Department which was received by CEI on July 14, 1994, the revised sheet, from Stations 544+00 to 560+00, which was received by CEI on September 8, 1994, 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 shall 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 a revised compensation schedule is agreed to with the OWNER, in writing, or the OWNER directs the ENGINEER, 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 reasonable, 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: The ENGINEER's 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 ENGINEER as to the services performed under this agreement. OWNER shall have the right to use any and all materials arising from ENGINEER's effort on the project (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 CEI Project 11963 10 4-11-9E indemnify, defend, and hold harmless ENGINEER 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. E- Project 10963 REMAINDER OF TIIIS PAGE LEFT BLANK 11 4-::-9E 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. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER 3. Appearances before courts or boards on matters of litigation related to the project. 4. 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 upon between the OWNER and ENGINEER prior to commencement of the work. The ENGINEER will submit to OWNER an itemized bill for such services, 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 15th 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. (:E1 Prefect 1n961 REMAINDER OF THIS PAGE LEFT BLANK 12 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) CITY OF FAJIETTEVILLE / t ATTEST:a A IL IL-!• BY:°eta IL3 NAME Traci Paul NAME Fred Hanna TITLE: City Clerk TITLE: Mayor DATE: hrcy ,21 t9%S DATE• Miay Al /9 95 - ATTEST: TYPE NAME c,E.r"t"y!'.etn TITLE: —1 -;‘,'et i` 4435:t3r r DATE: 44 -1l -4K CEI ProjecL 13963 13 CEI EN NEERpG AS= INC. AS=, BYE TYPE NAME -. .xxcU 5 TITI E- "4 cc, ` sDG' 1T DATE: A - I 3-11-95