Loading...
HomeMy WebLinkAbout95-98 RESOLUTIONRESOLUTION Na 95-98 A RESOLUTION AWARDING AN ENGINEERING SERVICES CONTRACT UNDER RFQ-97-7 TO McGOODWIN, WILLIAMS AND & YATES, IN THE AMOUNT OF $26,867 TO CONSTRUCT AN OFF-LOADING FACILITY FOR THE COMPARTMENTALIZED RECYCLING TRUCKS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards an engineering services contract under RFQ-97-7 to McGoodwin, Williams and & Yates, in the amount of $26,867 to construct an off- loading facility for the compartmentalized recycling trucks; and authorizes the Mayor and City Clerk to execute said agreement. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 2L day of July , 1998. APPROVED. n/� By ATTEST: By: %d.CL7r IS Heather Woodruff, City ferk filo 0i:r• :..• .1 t^..- ,� a "ulna. It Fred Hanna, Mayor 1 EXHIBIT A AGREEMENT FOR ENGINEERING SERVICES Improvements to Solid Waste Transfer Station And Recycling Center City of Fayetteville, Arkansas THIS AGREEMENT entered into this , 1 Si day of Su /y 1998, by and between the City of Fayetteville, Arkansas, hereinafter referfed 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 Engineer designed the Owner's original solid waste facilities constructed in 1996; and WHEREAS, improvements to the facilities are needed to accommodate the off- loading of the recycling trucks into standard rolloff trailers; and WHEREAS, upon completion of their selection process, the Owner selected the Engineer to provide the engineering services required to implement the design and construction of these improvements; 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. Proiect Description The project consists of the design of offloading facilities for compartmentalized recycling trucks located east of the solid waste transfer station and recycling center. The facilities shall accommodate eight rolloff containers and provide for elevated discharge of recyclable materials from the recycling trucks into the rolloff containers. The access ramp, offloading platform, and retaining walls shall be concrete construction. Section II. Scope of Engmeenna Services The Engineer shall provide a suitable engineering staff to complete 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. The Engineer will provide the following services Fy-280 Cont/1 A. Design and Preparation of Construction Plans and Specifications 1. Perform the field surveys required to design the project. 2. Establish the scope of any soil investigations, 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). 3. Prepare final design for the project. 4. Prepare construction specifications and drawings. 5. Prepare an opinion of probable cost of the authorized construction. It is understood and agreed that this opinion will be prepared for planning and budgeting purposes only and that actual bids received for the construction work may exceed the opinion of probable cost. 6. 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 provide assistance to secure approvals by local, state and federal authorities. 7. Coordinate with the Owner's representatives throughout the design of the project so that the project shall have the full benefit of the Owner's knowledge and be consistent with the current policies and construction practices of the Owner. B. 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(s) and assist in the preparation of contract documents. Bid tabulations and supporting documents will be prepared and submitted to the Owner. C. Construction Services 1. Attend a preconstruction conference scheduled by the Owner. At the time of the preconstruction conference, Notices to Proceed will be issued. Fy-280 Cont/2 Furnish professional engineers to make 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 shall have no control over nor responsibility for the Contractor's means, methods, sequence, techniques or procedures in performing the work, or for safety programs in connection with the work. These are solely the responsibilities of the Contractor, who is also responsible for complying with all health and safety precautions as required by any regulatory agencies. 3. Furnish the services of a resident Project Representative for on-site observation of construction on an as -needed basis. The authority and duties of the resident Project Representative are limited to examining the material furnished and observing the work done and to reporting these findings to the Engineer. The Engineer will use the usual degree of care and prudent judgment in the selection of a competent Project Representative, and the Engineer will use diligence to see that the Project Representative is on the job to perform the required duties. Consult with and advise the Owner; issue all instructions to the contractor requested by the Owner; and prepare routine change orders as required. 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 insure 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 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. 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. Fy-280 Cont/3 • 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. 8. Furnish to the Owner a reproducible copy of the record drawings for the project If requested, and provided that the Owner executes a release of liability, the Engineer shall also furnish AutoCAD electronic digital drawing files for the project. D. Additional Services 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 compensation as follows: A. For the work set out under Section II -A, "Design and Preparation of Construction Plans and Specifications," a lump sum fee of $16,543 payable in one installment of $14,000 beginning 30 days after execution of this agreement and one final payment of $2,543 upon completion of the work. B. For the work set out Section II -B, "Bidding and Preconstruction Services," a lump sum fee of $2,324 due and payable when construction contracts are ready for execution. C. For the work set out under Section II -C, "Construction Services," and for any additional work requested under Section II -D, "Additional Services," compensation shall be based on actual time required to perform the work by the various classifications of employees at the established hourly rates shown on the attachment to this agreement, plus reimbursable expenses, if required. Rates will be adjusted annually each January 1. It is anticipated that a construction period of 90 days will be established in the construction contract. It is estimated that construction services will require a minimum (average) of 10 hours per week, including both office and field personnel. On this basis, the estimated fee would be $8,000. The Engineer agrees that this fee will not be exceeded without authorization from the Owner provided, however, that the Engineer will advise the Owner when the fee is approaching this amount and will suspend services when this amount is reached unless authorization for additional payment is made. Fy-280 Cont/4 1 It should be noted that the fee does not cover a construction period exceeding 90 days and does not cover unforeseen contingencies such as default by the contractor, litigation, or other events not normally anticipated. Should the construction period be extended beyond that provided in the original construction contract, or should some other event not normally anticipated occur, the cost ceiling will be adjusted accordingly. The 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 attnbutable 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 15 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. 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 geotechnical investigations including soundings, borings, analyses of materials and laboratory work. Fy-280 Cont/5 • 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. 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. 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 whenever the Owner observes or otherwise becomes aware of any defect in the project or other evens which may substantially alter the Engineer's performance under this Agreement. , Section V. Documents All final construction documents shall become the property of the Owner upon completion of the work and payment in full of all monies due the Engineer. The Owner shall not reuse or make any modification to the plans and specifications without prior authorization from the Engineer. Section VI. Insurance The Engineer agrees to maintain standard insurance policies throughout the life of this Agreement, including Workers' Compensation in accordance with the statutory requirements of the State of Arkansas, comprehensive general liability, automobile liability, and professional liability with a limit of $1,000,000. Section VII. Time for Completion: It is understood and agreed that time is of the essence in the completion of the work set out herein. The Engineer agrees to complete his work in a timely manner (provided that no delays are encountered through no fault of the Engineer) so as to allow the Owner to receive bids in the early fall of 1998. Section VIII. Termination The obligation to provide further services under the contract may be terminated by the Owner for cause upon 15 days written notice. Upon termination the Owner shall within thirty (30) calendar days of termination pay the Engineer for all services rendered in accordance with the payment terms of the contract. Fy-280 Cont/6 Section IX. Indemnification The Engineer agrees, to the fullest extent permitted by law, to indemnify and hold the Owner harmless from damages and losses arising from the negligent acts, errors or omissions of the Engineer in the performance of engineering services under this Agree- ment, to the extent that the Engineer is responsible for such damages and losses on a comparative basis of fault and responsibility between the Engineer and the Owner. The Engineer is not obligated to indemnify the Owner for the Owner's own negligence. Section X. Standard of Care Services provided by the Engineer under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 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. • CITY OF FAYETTEVILLE, ARKANSAS Attest: .,,-0.. Heather Woodruff, Clerk Attest: efA414‘e Fre • anna, Mayor • 1 McGOODWIN, WILLIAMS AND YATES, INC. I AIL '-L. Carl Yates, Pres eitIAALA --4L)-( Charles R. Nickle, Vice President Sams ACI Fy-280 Cont/7 SCHEDULE OF CLASSIFICATIONS AND RATES FOR 1998 Classification Engineer 5 Engineer 4 Engineer 3 Engineer 2 Engineer 1 Adm. Assistant Architect 2 Architect 1 Technician 5 Technician 4 Technician 3 Technician 2 Technician 1 Clerical 2 Clerical 1 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas January, 1998 Hourly Rate $120.00 104.00 87.50 58.00 54.00 $ 70.75 $ 73.00 60.00 $ 68.00 61.50 50.50 38.50 28.50 $ 56.50 34.50 IJ