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HomeMy WebLinkAbout48-77 RESOLUTION• • RESOLUTION NO. • • A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH McCLELLAND CONSULTING ENGINEERS, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH CONSTRUCTION OF A BRIDGE OVER SKULL CREEK AND A DRAINAGE STRUCTURE FROM LEVERETT AVENUE TO SKULL CREEK. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk be, and they are hereby authorized and directed to execute an agreement with McCLEL- LAND CONSULTING ENGINEERS, INC. for engineering services in connection with the construction of a bridge over Skull Creek and the construction of a drainage structure from Leverett Avenue to Skull Creek. A copy of said agreement, marked Exhibit A, is attached hereto and made a part hereof. PASSED AND APPROVED THIS 1 DAY OF 1977. e, ATTEST: oitufLcelettiadas,,,,- CITY CLERK APPROVED: 7arre-o-aa MAYOR MICROFILMED. DATLQW-313 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this day of 1977, by and between CITY OF FAYETTEVILLE, ARKANSAS, hereinafter referred to as the OWNER, and McCLELLAND CONSULTING ENGINEERS, INC., Fayetteville, Arkansas, hereinafter referred to as the ENGINEER: The OWNER desires to provide certain street and drainage improvements to Sycamore Street, situated in the City of Fayette ville, State of Arkansas, and the ENGINEER agrees to perform the professional engineering services required for same. Specifically, the work will consist of engineering services and coordination to accomplish the following: 1. Construction of a drainage structure from Leverett Avenue to Skull Creek, said structure to be incorpor- ated into the street improvement plan for Sycamore Street. 2. Construction of a bridge or culvert over Skull Creek in connection with the street improvement plan for Sycamore Street. WITNESSETH: That for and in consideration of the mutual covenants and agreements between the parties hereto, it is hereby agreed: -1- • SECTION A - ENGINEERING SERVICES That the ENGINEER shall furnish basic engineering services as follows: 1. The ENGINEER will conduct investigations into utility locations, coordinate with representatives of utility companies, and plan work under this contract to least interfere With said utilities. 2 The ENGINEER will investigate flooding potential in the vicinity of the project, and he will size the drainage structure and bridge to accommodate run-off resulting from the "100 -year" storm. Additionally, the ENGINEER will conduct appropriate soil investi- gations to determine adequacy of soil or rock formations to support the structures. 3. The ENGINEER will prepare detailed plans, specifications and cost estimates for the structures required, and submit same to the OWNER for approval. 4. The ENGINEER will attend conferences with the OWNER and other interested parties. 5. Prior to the advertisement for bids, the ENGINEER will provide no more than three (3) copies of the detailed plans, specifications, and contract documents for approval and use by the OWNER. The cost of such plans, speci- fications, and contract documents shall be included in the basic compensation paid to the ENGINEER. • 6. The ENGINEER will furnish additional copies of plans, 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. Original documents, tracings, and the like, except those previously owned by the ENGINEER, are and shall remain the property of the OWNER. 7 The plans prepared by the ENGINEER shall be in sufficient detail to permit the actual location of the proposed improvements on the ground, and shall be sufficient for the bidders to formulate intelligent bids and for construction of every detail of the project. 8. The ENGINEER will attend the bid opening and tabulate the bid proposals, make an analysis of the bids, and make recommendations for awarding contracts for con- struction. The ENGINEER will interpret the intent of the plans 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. 10. The ENGINEER will check and approve any necessary shop and work drawings furnished by contractors. 11. The ENGINEER will provide horizontal and vertical control for all structures in the form of bench marks -3- • or reference points to be used by. the contractor in performing the construction. 12. The ENGINEER will provide general construction obser- vation and resident inspection of the work of• the contractors as construction progresses. In order to maintain control during the construction phase, the ENGINEER will perform such laboratory and field tests as deemed necessary. The extent of such testing will be determined by conference with the OWNER. 13. The ENGINEER will review and approve estimates for progress and final payments. 14. The ENGINEER will make final review of all construction and a written certification of same to the OWNER. 15. The ENGINEER will provide the OWNER with two (2) set S of "AS -BUILT" prints at no additional 'cost to the OWNER. 16. 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 Workmen's Compen- sation 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, such insurance being that normally covered by General Liability and Public Liability/Property Damage Insurance. A 17. The ENGINEER will commence the work within ten (10) days from the execution of this contract and its approval by the OWNER and will have Plans and Specifications completed, ready for advertising and receiving bids within ninety (90) calendar days therefrom. SECTION B - COMPENSATION FOR ENGINEERING SERVICES That the OWNER shall compensate the ENGINEER for engineering services based upon the following schedule: DETAILED PLANNING AND DESIGN: For all services described in Section A, Paragraphs 1 through 8, except those services per- taining to soil investigation, the sum of Seven thousand dollars ($7,000.00). For soil investigation, described in Section A, Paragraph 2, the following schedule shall apply: 1. Ver.Eical drilling (overburden) 2 Rock drilling 3 Sampling during drilling 4 Unconfined compression testing 5. Modified Proctor curves 6. Atterberg Limit 7 Sieve Analysis 8. Mobilization and Demobilization 9. Technician 10. Engineer -5- $5.50 per foot $10.00 per foot $5.00 each $25.00 per sample $60.00 per curve $25.00 each $5.00 per sieve $150.00 $12.00 per hour $30.00 per hour • Compensation for soil investigation will be payable upon completion of all soil testing and analysis. Compensation for the remainder of services contained in Section A, Paragraphs 1 through 8 will be due and payable upon completion on the detailed plans and specifications, approval of same by the OWNER, and after bids have been received for construction. GENERAL AND RESIDENT CONSTRUCTION OBSERVATION: For the perform- ance of services in Section A, Paragraphs 9 through 15, except construction control testing in the field and laboratory, the sum of five thousand dollars ($ 5,000.00 ). For field and laboratory controls of soil and concrete work during the construction phase, the following schedule will apply: 1. Modified Proctor Curves, soils and base material, including sampling, per curve $60.00 2. Field Density determinations, subgrade, base and asphalt, per test $10.00 3. Concrete compressive testing, per cylinder $ 8.50 It is hereby agreed that the costs for all tests which fail to meet the construction specification requirements shall be borne by the contractor, and the construction specifications will so state. Compensation for services performed under Section A, Para- graphs 9 through 15, shall be due and payable in monthly install- ments, based upon the monthly estimate prepared to pay the t. • • • • construction contractors, the final incremental amount to be payable upon completion and final acceptance of the construction work. Compensation for field and laboratory construction control testing shall be due and payable on a monthly basis, after sub- mission of reports of testing performed during each month. OVERTIME ENGINEERING: The construction contract will contain a completion time expressed in calendar days. Should the con- struction require additional time and result in a requirement for additional services, payment for these services shall be made in accordance with the methods and schedules given in Section C. SECTION C - ADDITIONAL ENGINEERING SERVICES The OWNER may wish to increase the engineering services herein to include those needed for additional construction work, additional surveys, legal descriptions, overtime engineering, or any services not specifically included in the scope of this contract. In such event, it is mutually agreed that compensation for such services shall be determined by the following hourly schedule: PERSONNEL: Three-man party (Surveying) Two-man party -7- $35.00/hour $22.00/hour • 44 • ENGINEERING: Principal or Officer of Firm Project Engineer Engineering Aide DRAFTSMAN: TECHNICIAN: OFFICE PERSONNEL: 835.00/hour $30.00/hour $20.00/hour $10.00/hour $12.00/hour Secretarial/Clerical $10.00/hour SECTION D - TERMINATION In the event the ENGINEER, due to causes beyond his control, shall become unable to complete the contract provisions herein, the OWNER, after receipt of written notification from the ENGINEER, may void the contract and employ another engineer to complete the.work. In such event, all notes, calculations, draw- ings, specifications and all other data developed and accumulated by the ENGINEER pertaining to the work hereunder shall be released to the OWNER for the OWNER's disposition. Compensation due the ENGINEER will be determined by unit prices established in Section C, hereunder. In the event the ENGINEER shall breach the contract hereunder, shall fail to perform the delineated tasks hereunder, or shall not perform the contract in a manner suitable to the OWNER, the OWNER may terminate this contract by written notice, effective at the time of receipt of notice by the ENGINEER. In such event, all notes, calculations, drawings, specifications and all other -8- • 14 • • data developed and accumulated by the ENGINEER pertaining to the work hereunder shall be released to the OWNER for the OWNER's disposition. Compensation due to the ENGINEER under any one of the circumstances stated will be determined by the unit prices established in Section C, hereunder, with the added provision that such compensation shall not exceed the arithmetic difference between the contract price hereunder and the total monies actually to be paid another engineer who has been employed to complete the work. It is expressly agreed that the basis for thiS contract lies in the mutual confidence existing between the OWNER and the ENGINEER. Therefore, it is the intent that this contract shall be continued and consummated by the parties hereto. The termination paragraphs herein are provided in the unlikely event such de- scribed conditions should occur. • This AGREEMENT shall inure to the benefits of and be binding upon the legal representatives and successors of the parties respectively and shall become effective upon execution. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized official, this AGREEMENT in duplicate on the date heretofore stated. (SEAL) ATTEST: 0 By Type Name Ylit.4.M444.,\ Darlene Westbrook OWNER: By Type Name Ernest Lancaster Title City Clerk Title Mayor (SEAL) ATTEST ENGINEER: By /2242-7,"--(424fejeC / By a7.erfr2o'( _J Type Name F. Ervan Wimberly ypt Name J. E. McClelland Title President Title Vice President -10-