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HomeMy WebLinkAbout58-00 RESOLUTION• • RESOLUTION NO. 58-00 MICROFILMED A RESOLUTION APPROVING AN AGREEMENT IN THE AMOUNT OF $36,740 FOR ENGINEERING SERVICES WITH McCLELLAND CONSULTING ENGINEERS FOR A NEW 12 INCH WATER LINE ADJACENT TO AND ON THE NEW HIGHWAY 45 EAST WHITE RIVER BRIDGE TO BE CONSTRUCTED IN 2000/2001 BY THE AHTD; AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves the agreement in the amount of $36,740 for engineering services with McClelland Consulting Engineers for a new 12 inch water line adjacent to and on the new Highway 45 East White River bridge to be constructed in 2000/2001 by the AHTD. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The City Council hereby approves a budget adjustment in the amount of $36,740 increasing Waterline Improvements, Acct. No. 5400 5600 5808 00, Project No. 00038 10 by decreasing Waterline Improvements, Acct. No. 5400 5600 5808 00, Project No. 00026 20. A copy of the budget adjustment is attached hereto marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this 2"' day of May , 2000. APPROVED: By: ATTEST: By: el, .ern, ��t. Heather Woodruff, City Clerk' Fred Hanna, Mayor • NAME OF FILE: CROSS REFERENCE: 1St Sg- Date Contents of File Initials S -2 -Do v Si DD/ m i EXHIBIT i9"l ACREsinE )71) e-X/WI ]- ';B„ (Ma Er ku-acr7?7E4 -6 4 -12 -co S 4 inr ,� �a �� /�ma i � ib -An, 5',? ao p/ da- 4eo z-9_406 ii n �i /�/r,/ • • EXHIBIT A CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this of day of /Mt 2000, by and between the City of Fayetteville acting by and through its/ Mayor hereinafter called the "OWNER" and McClelland Consulting Engineers, Inc. with offices in Fayetteville, Arkansas, hereinafter called the "ENGINEER". WITNESSETH: Whereas, the "OWNER" is planning to replace a water main in the vicinity of the Highway 45 bridge over White River with a new 12 -inch water main to be attached to the new Highway 45 White River bridge and extended approximately 2,700 feet to existing 12 -inch water mains in the vicinity of this bridge; and Whereas the "OWNER'S" forces are fully employed on other urgent work that prevents their early assignment to the aforementioned work; and Whereas, the "ENGINEER'S" staff is adequate and well qualified and it has been determined that its current work load will permit completion of the plans for the project on schedule; Now therefore, it is considered to be in the best public interest for the "OWNER" to obtain assistance of the "ENGINEER'S" organization in connection with said engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: FY002255:ENGAGR City of Fay.doc 1 m X • • SECTION I - EMPLOYMENT OF ENGINEER The OWNER" agrees to employ the "ENGINEER" to perform, and the "ENGINEER" agrees to perform, professional engineering services in connection with the projects set forth in the Sections to follow; and the "OWNER" agrees to pay and the "ENGINEER" agrees to accept, as specified in the Sections to follow as full and final compensation for work accomplished in the specified time. SECTION II - DESCRIPTION OF THE PROJECT The services provided by the "ENGINEER" are anticipated to include but not necessarily be limited to preliminary design, final design, coordination with the "OWNER", other utility companies, The Arkansas Highway and Transportation Department and the Arkansas Department of Health, as necessary to obtain required approvals of construction drawings and specifications, as well as bidding assistance and easement preparation services related to: • Installing a new 12 -inch water main on the new Highway 45 bridge to be built across the White River in Goshen, Arkansas. • Connecting this bridge crossing to an existing 12 -inch main west of the bridge in the vicinity of the Bordeaux Village entrance. • Connecting this bridge crossing to a 12 -inch main currently scheduled to be constructed and expected to be completed in the next three months on the east side of the bridge in the vicinity of North Wyman Road. FY002255:ENGAGR City of Fay.doc 2 • • SECTION III — INFORMATION & SERVICES The "OWNER" will furnish any specifications, standards and other information which may relate to the project including GPS survey data. Aerial mapping data will be provided, free of charge, to the "ENGINEER" on magnetic media. The Arkansas Highway and Transportation Department is to provide design data and plans for the new bridge and the new bridge approaches to the "OWNER", and this information will likewise be made available to the "ENGINEERS". SECTION IV - SERVICES TO BE FURNISHED BY THE "ENGINEERS" DURING "DESIGN" PHASE The project will be designed and constructed to meet water and sewer standards in accordance with the "OWNER'S" Water and Sewer, and other related Standards. Construction specifications shall be based on "Standards Specifications for Highway Construction Edition 1996 of the AHTD" and latest special provisions and City of Fayetteville Specifications relating to the design of this project. The design concept with regard to water and sewer relocations, geometric, detours, right-of-way, utility easements, and other related items shall be submitted by the "ENGINEER" (in the form of a Preliminary Engineering Assessment) and approved by the "OWNER" prior to beginning design work. The 'ENGINEER" shall provide all field survey data from field work for designing the project and this shall be tied to the "OWNER'S GPS control network. FY002255:ENGAGR City of Fay.doc 3 • The "ENGINEER" shall be responsible for obtaining, interpreting and evaluating geotechnical or any other form of data necessary for the design of this project. The "ENGINEER" shall attend coordination meetings with the "OWNER" Arkansas Highway and Transportation Department and other affected utility companies. The "ENGINEER" shall provide surveying, mapping, and related services as required to prepare Right-of-Way/Easement documents for the "OWNER'S" use in acquisition activities. The 'ENGINEER" shall furnish plans to all utility companies affected by the project and if necessary, shall conduct a coordination meeting among all affected utility companies to enable them to coordinate efforts for the necessary utility relocations. This coordination meeting will take place at the City Engineer's office. During the final "design" phase of the project, the "ENGINEER" shall conduct final designs to prepare construction plans and specifications including final construction details and quantities, special provisions, cost estimates, make final field inspection with "OWNER" make any needed plan changes as a result of the final field inspection and all other work required to advertise and receive bids. Prior to the start of construction, the "ENGINEER" shall establish benchmark for elevation control and tie layout work to Fayetteville's GPS. FY002255:ENGAGR City of Fay.doc 4 • • SECTION V - COORDINATION WITH "OWNER" The "ENGINEER" shall hold conferences throughout the design of the project with representatives of the "OWNER" to the end that the design, as perfected, shall have full benefit of the "OWNER'S" knowledge and be consistent with the current policies and construction practices of the "OWNER" The OWNER" reserves the right to accept or reject any or all plans, but this stipulation will not relieve the "ENGINEER" of responsibility for the design of the project. SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK Review of the work as it progresses under this Agreement shall be made at the "OWNER'S" City Engineer's office. SECTION VII — CONCEPT AND PRELIMINARY SUBMISSION The "ENGINEERS" shall submit two (2) sets of concept plans, two (2) sets of preliminary plans and three (3) sets of the final plans for field inspections. SECTION VIII - FINAL SUBMISSION The final submission for the construction contract shall consist of the following: A. One (1) copy of all design calculations. B. Three sets of final plans, contract documents and specifications. FY002255:ENGAGR City of Fay.doc 5 • • C. The originals of all drawings, specifications and contract documents. All design drawings on magnetic media shall be submitted on disks compatible with the AutoCAD Release 14 software. D. The estimated cost of construction and a detailed estimate of time in calendar days required for completion of the contract. SECTION IX - ENGINEERS RESPONSIBILITY DURING "BIDDING" AND "CONSTRUCTION" PHASES During the "Bidding" phase of the project, the ENGINEER" shall provide all engineering and administrative services needed to obtain bids for the construction project, evaluate the bids, and consult with and advise the "OWNER" as to the acceptability of the best bidder. This AGREEMENT does not cover "Construction" phase services. In the event that the "OWNER" desires to have the "ENGINEER" provide such services, the terms, conditions and compensation related thereto shall be mutually negotiated at a time selected by the "OWNER". SECTION X - SUBCONTRACTING Subcontracting by the "ENGINEER" of any of the services provided herein shall require prior approval by the "OWNER" SECTION XI - TIME OF BEGINNING AND COMPLETION The ENGINEER" shall begin work under this Agreement within ten (10) days of notice to proceed and shall complete the plans for the construction contract within 150 calendar days. FY002255:ENGAGR City of Fay.doc 6 • The completion time is predicated upon the fact that the "OWNER" will cause to be processed approvals of interim work in an expeditious manner 15 days per submittal. SECTION XII - FEES AND PAYMENTS A. "Design" Phase Services: For, and in consideration of, the services to be rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project, plus payroll additives and general overhead costs of 178% of direct labor costs, plus direct reimbursable expenses associated with the project, plus a fixed fee which are payable as follows: 1) "Design" phase services, "surveying services" and preparation of the "Ownership Map/Utility Easements Plan Costs not to exceed: $ 25 854.72 2) Fixed fee for "Design" services: $ 3,085.28 3) "ENGINEERING" contract amount for "Design" phase Services not to exceed: $ 28,940.00 The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. Subject to the City Council approval, adjustment of the upper limit may be made should the ENGINEER" establish and the "OWNER" agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if the "OWNER" decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. FY002255:ENGAGR City of Fay.doc • Appendix "B" covers the classification of personnel and the salary rate for all personnel to be assigned to this project by the "ENGINEER". Final payment for Design services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Design" phase for the project. B. "Bidding" Phase Services: For "Bidding" phase services rendered by the "ENGINEERS", the "OWNER" shall pay the "ENGINEERS" on the basis of salary costs for work -time directly connected with the project, plus payroll additives and general overhead costs of 178% of direct labor costs (plus direct reimbursable expenses associated with the project), plus a fixed fee which are as follows: 1) "Bidding" phase services costs not to exceed: $ 2,061.05 2) Fixed fee for "Bidding" services: $ 238.95 3) "ENGINEERING" contract amount for "Bidding" Phase services not to exceed $ 2,300.00 Final payment for "Bidding" phase services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Bidding" phase of the project. C. "Special" Services: For "Special" services, such as preparation of detailed easements and/or construction staking, the "OWNER" shall pay the "ENGINEER" as follows: 1) For "Easement" preparation services, the "OWNER" shall pay the "ENGINEER" an estimated fee of $1,500 with the final negotiated fee for easement preparation to be determined after the completion of an FY002255:ENGAGR City of Fay.doc 8 • Ownership Map and Preliminary Engineering. 2) For "Construction Staking" services, if authorized in writing separately from this Agreement, the "OWNER" shall pay the "ENGINEER" an estimated fee of $4,000 with the final negotiated fee for construction staking to be determined after the completion of final plans and bidding. SECTION XIII - CHANGES The OWNER" may at any time, by written order, make changes within the general scope of the contract in the work and services to be performed. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this contract, an equitable increase or decrease shall be made in the upper limit contract amount, including fee or time of required performance, or both, and the contract shall be modified in writing accordingly. Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor or the City Council in advance of the change in scope, price or fees. Any claim by the "ENGINEER" for adjustment under this clause must be asserted with thirty (30) days from the date of receipt by the "ENGINEER" of the notification of change; provided, however, that the "OWNER", if it decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to the date of final payment under this contract. Failure to agree to any adjustment shall be cause for a dispute FY002255:ENGAGR City of Fay.doc 9 • concerning a question of fact within the meaning of the clause of this contract entitled SECTION XVI - MISCELLANEOUS PROVISIONS, (1) Dispute Resolutions. However, nothing in this clause shall excuse the "ENGINEER" from proceeding with the contract as changed. SECTION XIV - OWNERSHIP OF DOCUMENTS All documents, including original drawings, disks of CADD drawings and cross sections, estimates, specifications, field notes, and data are and shall remain the property of the "OWNER" The "ENGINEER" may retain reproduced copies of drawings and copies of other documents. SECTION XV - POSTPONEMENT OR CANCELLATION OF THE CONTRACT It is understood that the "OWNER" will have the right to suspend or cancel the work at any time. A. Postponement - Should the "OWNER" for any reason whatsoever, decide to postpone the work at any time, the "OWNER" will notify the "ENGINEER", who will immediately suspend work. Should the "OWNER" decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work shall be canceled as hereinafter provided. B. Cancellation - Should the "OWNER", for any reason whatsoever, decide to cancel or to terminate the use of the "ENGINEER'S" service, the "OWNER" will give written notice thereof to the "ENGINEER" who will immediately terminate the work. If the "OWNER" FY002255:ENGAGR City of Fay d c 10 • • so elects, the ENGINEER" may be instructed to bring a reasonable stage of completion to those items whose value would otherwise be lost. The "ENGINEER" shall tum over all data, charts, survey notes, figures, drawings and other records or information collected or produced hereunder whether partial or complete. Upon such termination of the "ENGINEER'S" services, the "ENGINEER" shall be paid a proportional amount of the total fee, less prior partial payments, based on the ratio of work done to the total amount of work to be performed. SECTION XVI - MISCELLANEOUS PROVISIONS A. Dispute Resolution - Any dispute concerning a question of fact in connection with the work and having a financial value of $10,000, or less, shall be referred for determination to the Mayor of the City of Fayetteville whose decisions in the matter shall be final and conclusive. Disputes resulting from claims greater than $10,000 shall be subject to mediation. B. Responsibility for Claims and Liability - The ENGINEER" shall save harmless the "OWNER" from all claim and liability due to the "ENGINEER" activities, or those of the "ENGINEERS" subconsultants, agents, or employees during the time this contract is in force. C. General Compliance with Laws - The ENGINEER" shall comply with all Federal, State and local laws and ordinances applicable to the work. The ENGINEER" shall be a professional engineer, licensed in the State of Arkansas. FY002255:ENGAGR City of Fay.doc 11 D "ENGINEER'S" Endorsement - The "ENGINEER" shall endorse and recommend all plans, Specifications, estimates and engineering data furnished by it. All design shall be checked in accordance with accepted engineering practices. All plan quantities shall be checked and verified. E That, the City Engineer or his designated representative will direct and coordinate the "ENGINEER'S" efforts and will be the source of instructions to the "ENGINEERS" and shall have the authority to interpret the "OWNER'S" policy as necessary to maintain the "ENGINEER'S" work schedule and to administer the AGREEMENT F. That, the estimates of cost for the Projects provided for herein are to be prepared by the 'ENGINEER" through exercise of his experience and judgment in applying presently available cost data, but it is recognized that the "ENGINEER" has no control over cost of labor and materials conditions, so he cannot warrant that the project construction costs will not vary from his cost estimates. G. That, the "ENGINEERS" direct expenses are defined as the costs incurred on or directly for the Project, other than the Salary and General Overhead Costs. Such direct expenses shall be computed on the basis of actual purchase price for items obtained from commercial sources plus a 5% mark-up. Direct expenses shall include, but not be limited to, necessary transportation costs, including mileage at the "ENGINEER'S" current rate per mile when the "ENGINEER'S" own automobiles are used, meals and lodging, laboratory tests, and reproduction charges. 12 FY002255:ENGAGR City of Fay.doc • • H. That, the "OWNER", shall pay for all costs of publishing advertisements for bids and for obtaining permits and licenses that may be required by local, State, or Federal authorities and shall secure the necessary land, easements and rights-of-way as described by the "ENGINEER". I. That, in the event of any legal or other controversy requiring the services of the "ENGINEER" in providing expert testimony in connection with the Project, except suits or claims by third parties against the "OWNER" arising out of errors or omissions of the "ENGINEER", the "OWNER" shall pay the "ENGINEER" for services rendered in regard to such legal or other controversy, on a basis to be negotiated. J. That, visits to the construction site and observations made by the "ENGINEER" as part of his services shall not relieve the construction Contractor(s) of his obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not relieve the construction Contractor(s) of his full responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions incidental thereto. K. That, the "ENGINEER", if authorized to provide Construction Phase Services, shall provide an on-site Resident Inspector and will make reasonable efforts to guard the "OWNER" against defects and deficiencies in the work of the Contractor(s) and to FY002255:ENGAGR City of Fay.doc 13 • • help determine if the construction contract has been fulfilled. The Resident Inspector's day-to-day observation will not, however, cause the "ENGINEER" to be responsible for those duties and responsibilities which belong to the construction Contractor(s) and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions incidental thereto, and for performing the construction work in accordance with the Contract Documents. The Resident Inspector shall have the authority to reject both unsatisfactory workmanship and materials. His primary duties are as follows: 1. Check construction activities to determine compliance with the Plans and Specifications. Inform the Contractor and "OWNER" of any work that is in noncompliance. 2. Check that all testing required by the Specifications is performed. 3. Visit the testing laboratory to determine if it has the equipment and qualified personnel necessary to conduct the tests required by the Specifications. 4. Review test reports and certificates for conformance with the Specifications. 5. Maintain a file of test reports and certifications. 6. Inform the Contractor of deficiencies in order that corrections can be made and retesting performed prior to covering any substandard work with additional material. 7. Document quantities of materials used on the project by actual measurements and computations in a field notebook or computer printouts retained in a folder. 8. Maintain a diary which should contain daily entries made and signed by the Resident Observer. Each entry should include the following, plus any additional pertinent data: FY002255:ENGAGR City of Fay.doc 14 • • (A) Date and weather conditions. (B) Names of important visitors. (C) Construction work in progress and location. (D) Size of Contractor's work force and equipment in use. (E) The substance of important conversations with the Contractor concerning conduct, progress, changes, test results, interpretations of Specifications or other details. SECTION XVII - SUCCESSORS AND ASSIGNS The "OWNER" and the "ENGINEER" each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement, except as above, neither the "OWNER" nor the "ENGINEER" shall assign, sublet or transfer its interest in this Agreement without written consent of the other. Nothing herein shall be construed as creating any possible personal liability on the part of any officer or agent of any public body which may be party hereto. SECTION XVIII - COVENANT AGAINST CONTINGENT FEES The "ENGINEER" warrants that it has not employed or retained by company or person, other than a bonafide employee working solely for the "ENGINEER", to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the "ENGINEER , any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. FY002255:ENGAGR City of Fay.doc 15 • For breach or violation of this warranty, the "OWNER" shall have the right to annul this contract without liability. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first herein written. FOR THE CITY OF FAYETTEVILLE By: Date: 71/4g/APit Mayor /„1/4v ATTEST:,3 &? Gi4 FOR McCLELLAND CONSULTING ENGINEERS, INC. Date:+41* President • FY002255:ENGAGR City of Fay.doc ATTEST: 16 • APPENDIX "A" Basis for Payments to the "ENGINEER" Water Main at Highway 45 Bridge A. "Design" Phase Services Labor Classification Principal Engineer Project Manager Structural Engineer Registered Surveyor Computer Technician Survey Crew (2 Man) Engineering Technician Chief Draftsman Senior Draftsman Junior Draftsman Clerical J:120001002255Wppendix A.wpd:ch Estimated Time Labor..Rate.. 8 hours $41.11/hr. 108 hours $29.94/hr. 20 hours $29.94/hr. 44 hours $14.44/hr. 30 hours $18.03/hr. 36 hours $19.25/hr. 24 hours $11.50/hr. 30 hours $16.50/hr. 48 hours $13.50/hr. 96 hours $9.75/hr. 72 hours $12.00/hr. Direct Labor Overhead at 178% Subtotal Fixed Fee Subtotal Direct Costs TOTAL Extended $328.88 $3233.52 $598.80 $635.36 $540.90 $693.00 $276.00 $494.00 $648.00 $936.00 $864.00 $9,248 46 $16,462.26 $25,710.72 $ 3,085.28 $28,796.00 $ 144.00 $28, 940.00 A-1 • • • APPENDIX "A" Basis for Payments to the "ENGINEER" Water Main at Highway 45 Bridge B. `Bidding" Phase Services Labor Classification Project Manager Structural Engineer Junior Draftsman Clerical J:\ FY002255\Appendix A.wpd Estimated Time Labor Rate Extended 10 hours 2 hours 12 hours 20 hours $29.94/hr. $29.94/hr. $9.75/hr. $12.00/hr. Direct Labor Overhead at 178% Subtotal Fixed Fee Subtotal Direct Costs TOTAL $299.40 $59.88 $117.00 $240.00 $716.28 $1,274.98 $1,991 26 $ 238.95 $2,230.21 $ 69.79 $2,300.00 A-2