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HomeMy WebLinkAbout91-79 RESOLUTION• • • RESOLUTION N0. q (-71 • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ENGINEERING CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS FOR A SEWER LINE EXTENSION IN THE FAYETTEVILLE INDUSTRIAL PARK. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute an engineering contract with McClelland Consulting Engineers for a sewer line extension in the Fayetteville Industrial Park. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit A and made a part hereof. ��--�� PASSED AND APPROVED this day of (126t51601.... 1979. APPROVED: MAYOR ATTEST CV neetta CITY- ERK! sT.S�' MICROFILMFA DATE 7 1980 REEL — & 9/-79 FAYETTEVILLE, ARKANSAS CITY ENGINEER'S OFFICE P.O. DRAWER F mol 1501)521-7700 TO: City Board of Directors FROM: Donald R. Bunn - City Engineer SUBJECT: Engineering Contract, McClelland Engineers Sewer Service to Amtane Property,Lot 16C DATE: September 26, 1979 Attached is a proposed engineering contract with McClelland Engineering, Inc. for preparation of Plans and Specifications in connection with sewer service to Amtane Company and the balance of Lot 16 in the Industrial Park. Attached also is a plot indicating the route of the sewer and the area it will serve. The estimated cost of the sewer line is $ 10,000.00 which includes engineering. The contract calls for a lump sum figure of $ 1,100.00 for::. preparation of Plans and Specifications and $ 400.00 for Inspection during construction. I recommend approval of the contract. AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this day of 1979, 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 sewer improvements to the Fayetteville Industrial Park, situated in the City of Fayetteville, State of Arkansas, and the ENGINEER agrees to perform the profes- sional engineering services required for same. Specifically, the work will consist of engineering services and coordination to accom- plish the following:. Construction of sewer line extensions into Lot 16 of the Fayetteville Industrial Park. WITNESSETH: That for and in consideration of the mutual covenants and agreements between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES That the ENGINEER shall furnish basic engineering services as follows: The ENGINEER will conduct necessary field surveys to obtain basic data for the design of all improvements and an investigation of existing utility locations. 1 • • 2 The ENGINEER will prepare detailed plans, specifications and cost estimates for the improvements required, and sub- mit same to the OWNER for approval. 3. The ENGINEER will attend conferences with the OWNER and other interested parties. 4 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, specifi- cations, and contract documents shall be included in the basic compensation paid to the ENGINEER. 5. 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 OWNER, are and shall remain the property of the ENGINEER. 6. 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 con- struction of every detail of the project. ' • • • 7 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 construction. 8 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 contrac- tors. The ENGINEER will not, however, guarantee the per- formance by any contractor. 9. The ENGINEER will check and approve any -necessary shop and work drawings furnished by contractors. 10. The ENGINEER will provide horizontal and vertical control for all improvements in the form of bench marks or re- ference points to be used by the contractor in perform- ing the construction. 11. The ENGINEER will provide general construction observa- tion of the work of the contractors as construction pro- gresses. In order to maintain control during the construc- tion phase, the ENGINEER will perform such laboratory and field tests as deemed necessary. The extent of such test- ing will be determined by conference with the OWNER. 12. The ENGINEER will review and approve estimates for progress and final payments. 3 • • 13. The ENGINEER will make final review of all construction and a written certification of same to the OWNER. 14. The ENGINEER will provide the OWNER with two (2) sets of "AS -BUILT" prints at no additional cost to the OWNER. 15. 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 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, such insurance being that normally covered by General Liability and Public Liability/Property Damage insurance. 16. The ENGINEER will commence the work within five (5) 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 thirty (30) calendar days therefrom. SECTION B - COMPENSATION FOR ENGINEERING SERVICES That the OWNER shall compensate the ENGINEER for engineering services based upon the following schedule: 4 • • DETAILED PLANNING AND DESIGN: For all services described in Section A, Paragraphs 1 through 7, the sum of One Thousand, One .Hundred Dollars 41,100.00). Compensation for services contained in •Section A, Paragraphs 1 through 7 will be due and payable upon completion of 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 performance of services in Section A, Paragraphs 8 through 14, except construc- tion control testing in the field and laboratory, the sum of Four Hundred Dollars ($400.00). For field and laboratory controls of soil and concrete work during the corstruction,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 $ 10.50 3. Concrete compressive testing, per cy- linder $ 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. 5 Compensation for services performed underSection A, Paragraphs 8 through 14, shall be due and payable in monthly installments, based upon the monthly estimate prepared to pay the construction the final incremental amount to be payable uponcompletion acceptance of the construction work. Compensation for field and ing shall be due and payable on laboratory contractors, and final construction control test- a monthly basis, after submission of reports of testing performed during each month. OVERTIME ENGINEERING: The construction contract will contain a com- pletion time expressed in calendar days. Should the construction require additional time and result in a requirement for additional engineering 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) $ 40.00/hour Two-man party $ 32.00/hour 6 • • • • ENGINEERING: Principal or Officer of Firm Project Engineer Engineering Aide DRAFTSMAN: TECHNICIAN: OFFICE PERSONNEL: Secretarial/Clerical SECTION D - TERMINATION $ 40.00/hour $ 35.00/hour $ 25.00/hour $ 12.00/hour $ 12.00/hour $ 12.00/hour 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, drawings, specifi- cations 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 de- termined 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 bywritten notice, effective at the time of receipt of notice by the ENGINEER. In such event, all notes, 7 • • calculations, drawings, 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. Com- pensation 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"described conditions should occur. 8 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. C- EAL+tom A ij T.TEST : By Type Name Angola Title City Clerk (SEAL) R_ Medlsck OWNER: B(Fir Type Name David R. Malone Title Mayor ATTEST: ENGINEER: Type Name Maurice A. McClelland Title Secretary 9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SPECIFICATIONS FOR SEWER IMPROVEMENTS FAYETTEVILLE INDUSTRIAL PARK Fayetteville, Arkansas Project No. 79-169 October, 1979 Prepared by: McCLELLAND CONSULTING ENGINEERS, INC. 1810 N. College Avenue Fayetteville, Arkansas M CLELLAND CONSULTING ENGINEERS , INC TABLE OF CONTENTS SECTION PAGE Notice to Contractors 1-2 Instructions to Bidders 1-8 State Wage Determination 1-4 Proposal 1-3 Contract 1-2 Performance and Payment Bond 1-2 General Provisions 1-12 General Specifications Concrete 1-4 Pipe and Pipe Fittings 1-5 Water and Sewer Pipe Laying 1-19 Detailed Specifications 1-7 McCLELLAND CONSULTING ENGINEERS , INC NOTICE TO CONTRACTORS M CLELLAND CONSULTING ENGINEERS , INC • NOTICE TO CONTRACTORS Notice is hereby given that the City of Fayetteville, Fayetteville, Arkansas, hereinafter called the Owner, will receive sealed bids at the Board of Directors Room, City Administration Building, Fayetteville, Arkansas, until 10:00 am on the 26th day of October , 1979 for the furnishing of all tools, labor, and materials, and performing the necessary work to be done in constructing sewer improvements at Fayetteville Industrial Park, Fayetteville, Arkansas. The location of the work is set out in the Plans and Specifications on file in the office of McClelland Consulting Engineers, Inc., Fayetteville, Arkansas. Work to be performed includes 812 linear feet of sewer line construction and necessary appurtenances. All necessary work, materials, and every item of construction shall be in accordance with the Plans and Specifications as prepared by the Engineer. Copies of the documents may be had from the officeof the Engineer upon the payment of the sum of fifteen ($15.00) dollars said payment not being refundable. Pertinent information and the Detailed Specifications will be furnished to suppliers at cost of reproduction. The Contractors shall make such inspection and studies of the site of the work as to thoroughly familiarize themselves with all conditions to be encountered. • Each bid must be accompanied by a surety bond in the amount equal to five percent (5%) of the whole bid, said bond to be issued by a surety company licensed to do business in the State of Arkansas, said bond to be retained as liquidated damages in case successful bidder fails, neglects or refuses to enter into the contract for the construction of said works, and furnish the necessary bonds within ten (10) days from and after the date the award is made. The successful bidder will be required to furnish a performance and payment bond, in favor of the Owner, in an amount equal to one hundred percent (100%) of the contract amount, at the time of the award of the particular contract section. The Owner reserves the right to reject any and all bids, and to waive any formalities deemed to be in its best interest. The attention of all bidders is called to the fact that they must be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature, as amended. Notice to Contractors - 1 McCLELLAND CONSULTING ENGINEERS , INC Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project. The proposed contract is under and subject to Executive Order 11246 of September 24, 1965, and to the Equal Opportunity Clause contained in the specifications. Neither contractor nor subcontractor shall exclude from partici- pation in, deny the benefits of, or subject to discrimination under any program or activity, any person in the U.S. on the grounds of race, color, national origin or sex, nor discriminate on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, or religion except that any exemption from such prohibition against discrimination on the basis of religion as provided in the Civil Rights Act of 1964, or Title VIII of the Act of April 11, 1968, shall also apply. Dated the 5th day of October • , 1979. Sturman Mackey Purchasing Agent City of Fayetteville Notice to Contractors - 2 McCLELLAND CONSULTING ENGINEERS , INC INSTRUCTIONS TO BIDDERS McCLELLAND CONSULTING ENGINEERS , INC, INSTRUCTIONS TO BIDDERS 1. EXAMINATION OF SITE AND DOCUMENTS. Bidders are advised that the plans, profiles, specifications and estimates of the Engineer on file in the office of the official as set out in the "Notice to Contractors," shall constitute all of the information which the Owner shall furnish. No other information given, or sendings made by the Owner or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, plans, profiles, specifications and estimates, or be binding to the Owner. But bidders are required, prior to submitting any bid, to read carefully the specifications, contract and bonds, to examine carefully all plans, profiles, and estimates on file with the official as set out in the "Notice to Contractors," to visit the site of the work to examine carefully local conditions, to inform themselves by their independent research and soundings of the difficulties to be encountered, and to judge for themselves the accessibility of the work and the quantities and character of the materials to be encountered and all attending circumstances affecting the cost of doing the work and the time specified for its completion; and to obtain all information required to make an intelligent bid. Bidders shall rely exclusively upon their surveys, estimates, investigations soundings and other things which are necessary for full and complete information upon which the bid will be based. The bid shall contain a state ment that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quantity and quality of the plans, work to be done, excavation, and materials required, and with full knowledge of the plans, profiles, specifications and estimates and all provisions of the contract and bonds. Failure of any bid to contain such a,statement may be held to be sufficient reason for rejecting the bid. 2. APPROXIMATE ESTIMATE OF QUANTITIES. The Engineer's estimate of quantities, approved by the Owner, and on file in the office of the official as set out in the "Notice to Contractors," is approximate only, and shall be the basis for receiving unit price bids for each item, but shall not be considered by the bidders as the actual quantities that may be required for the completion of the proposed work. Such quantities, however, at the unit price bid for each item, shall determine the amount of each bid for com- parison of bids, and determine the low bidders for the purpose of awarding the contract, and will be used as a basis for fixing the amount of the required bonds. 3. FAMILIARITY WITH LAWS, ETC. The bidder is presumed to be familiar with all state and city laws, ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used, or in any way affecting the work, and shall in all respects comply with said laws, ordinances and regulations. No claim of misunderstanding or ignorance on the part of the contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. Id CLELLAND CONSULTING ENGINEERS , INC Instructions to Bidders - 2 4. BIDS AND BIDDING FORMS. Bids must be made out in ink on the PROPOSAL SCHEDULE included in Section III of these plans and specifications. All bids shall be sealed and filed as provided in the "Notice to Contractors".. No bidder shall divulge the information in said sealed bid to any person whomso- ever, except those having a partnership or other financial interest with him in said bid, until after the sealed bids have been opened. Bids which are incomplete, unbalanced, conditional, or obscure, or which contain additions not called for, erasures, alterations or irregularities of any kind, or which do not comply with the "Instructions to Bidders" may. be rejected as informal at the option of the Owner. However, the Owner reserves the right to waive technicalities as to changes, alterations or revisions and to make the award in the best interest of the Owner. All papers bound with or attached to the Proposal Schedule are necessary parts thereof, and must not be detached. A copy of the plans, profiles, specifications, and bid forms may be obtained as provided in the "Notice to Contractors." 5. UNIT PRICES AND FILLING IN BIDDING FORMS. Bidders must state a unit price for every item of work named in the Engineer's estimate of quantities of work to be done, approved by the Owner and an file in the office of the official as set out in the "Notice to Contractors." Each bidder shall include in the unit prices named in his bid the furnishing of all labor, materials, tools, equipment and apparatus of every description to construct, erect and finish completely all the work as called for in the specifications or shown in the plans. The price bid for the items must be stated in figures and in words in the appropriate blank spaces provided on the bidding forms. Such figures must be clear and distinctly legible so that no question can arise as to their . intent or meaning. In case of a difference in the written words and figures in a proposal, the amount stated in the written words and figures in a proposal, the amount stated in the written words shall govern. Unit prices bid and totals shown in the proposal shall not include any of the costs of engineering, advertising, printing, and appraising. 6. PRICES BID TO BEAR RELATIONSHIP TO COST OF WORK. Prices bid on the various items in the proposal shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and deemed not to be in the best interest of the Owner may be rejected at the discretion of the Owner. 7. SIGNATURE ON BIDS. If the bid is made by an individual, his name must be signed by him or his duly authorized agent, and his post office address given. If the bid is made by a firm or partnership, the name and post office address of each member must be given, and the bid signed by a member of the firm or partnership, or a person duly authorized. If the bid is made by a company or corporation, the company or corporate name and the state under the laws of which said company or corporation is chartered, and the business address must be given, and the bid signed by an officer or agent duly authorized. McCLELLAND CONSULTING ENGINEERS , INC