Loading...
HomeMy WebLinkAbout92-79 RESOLUTIONRESOLUTION NO. Qa- A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ENGINEERING CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS FOR THE RELOCATION OF SEWER FACILITIES IN THE AREA OF THE U.S. HIGHWAY 71 -U.S. HIGHWAY 62 INTERSECTION. 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 the relocation of sewer facilities in the area of the U.S. Highway 71 -U.S. Highway 62 intersection. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit A and made a part hereof. 1979. PASSED AND APPROVED this I i ® ..n FM ?AITY • - F 'r t+ .`"fi ' i 66 c day of C9[Q}t APPROVED 1 MAYOR MICROFILMED DATE 3AN 3 REEL SRI qi l 9 MICROMMED6 yg19 pp'(E� AGREEMENT FOR BNEGIN� G SERVICES THIS AGREEMENT, made this /0 vE day of C1�� 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: 0/S (-37 950 9 The OWNER desires to provide certain sewer relocations to the Sanitary Sewer Collection System along U.S. Highway 71 By-pass in the vicinity of State Highway 265 and U.S. Highway 62 in the City of Fayetteville, Washington County, Arkansas, made necessary by the Arkansas State Highway Department's Job 4781. 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. Relocation of a 12" sewer main along the west side of U.S. Highway 71, from the north side of U.S. Highway 62, south for a distance of approximately 800 feet; and the relocation of approximately 80 feet of a 12" sewer main on the east side of U.S. Highway 71 at the point at which the sewer main crosses the highway right-of-way. 2. Relocation of an 8" sewer main along the west side of U.S. Highway 71, from the north side of U.S. Highway 62, north approximately 900 feet to Old Farmington Road. 9 3. Relocation of a 21" sewer, main along the east side of U.S. Highway 71, north of U.S. Highway 62 for a distance of approximately 3,100 feet. 4 Relocation of an 8" and'a 24" sewer main along the east side of U.S. Highway 71, north and south of U.S. Highway 62 for a distance of approximately 1,130 feet. 5 The installation of approximately 350 L.F. of 24" encase- ment pipe across U.S. Highway 71, approximately 850 feet south of State Highway 265. 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: 1. The ENGINEER will prepare and submit all documents necessary to the Arkansas State Highway Department for its consideration of Federal Participation in the cost of the project. 2. The ENGINEER will conduct necessary field surveys to obtain basic data for the design of all improvements and an investigation of existing utility locations. 3. The ENGINEER will prepare detailed plans, specifications and cost estimates for the improvements required, and submit same to the OWNER and to the Arkansas State Board of Health for approval. 2 • , 4. The ENGINEER will attend project -related conferences with the OWNER and other interested parties. 5. The ENGINEER shall prepare all necessary easement descriptions and plats, for the OWNER's use in acquiring the necessary right-of-way•for the im- provements. 6. Prior to the advertisement for bids, the ENGINEER will provide no more than ten (10) copies of detailed plans, specifications, and contract documents for approval and use by the OWNER and the Arkansas State Highway Department. The cost of no more than ten (10) copies of such plans, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. Additional sets will be fur- nished at a cost of twenty-five dollars ($25.00) per set, in the event they are requested. 7. 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. 3 8. The plans prepared by the ENGINEER under the provisions of Section A, Paragraph 3 above 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. 9. 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. 10. The ENGINEER will check and approve any necessary shop and working drawings furnished by contractors. 11. 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. 12. The ENGINEER will provide horizontal and vertical control for all improvements in the form of bench marks or ref- erence points to be used by the contractor in performing the construction. 13. The ENGINEER will provide general construction observation 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 and/ o r representatives of the Arkansas State Highway Department. 14. The ENGINEER will prepare and approve all necessary data for monthly progress and final payments. 15. The ENGINEER will make final review of all construction and a written certification of same to the OWNER. 16. The ENGINEER will provide the OWNER with two (2) sets o f "AS -BUILT" prints at no additional cost to the OWNER. 17. The ENGINEER will be available to furnish engineering service and consultations necessary to correct all unforeseen project operating difficulties for a period o f one year after the date of final inspection and acceptance of the facility by the OWNER. 18. 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 Workman's Compen- sation Act and from all claims for bodily injury, death, o r property damage which may arise from the negligent performance by the ENGINEER or by the EiNGINEER'S employees, of the ENGINEER'S functions and services required under this Agreement, such insurance being that 5 • • • normally covered by General Liability and Public Liability/Property Damage Insurance. 19. The ENGINEER will commence the work within five (5) days of .written notification by the OWNER of contract approval by the Arkansas State Highway Department, and will have Plans and Specifications completed, ready for advertising and receiving bids within seventy-five (75) calendar days therefrom. 20. The OWNER shall provide all rights-of-way and rights -of - entry necessary for the ENGINEER to conduct preliminary surveys and to make investigations necessary to properly locate and construct project improvements. 21. The OWNER shall pay for all advertising for contracts and shall pay for any other advertising necessary to complete the project. The OWNER shall pay for any permits or in- spection fees required by governmental or private agencies and shall pay all review fees required by any governmental reviewing agency. SECTION B - COMPENSATION FOR ENGINEERING SERVICES That the OWNER shall compensate the ENGINEER for engineering services based upon the following schedule: DETAILED PLANNING F, DESIGN: For all services described in Section A, 6 • Paragraphs 1 through 9, the OWNER shall pay the ENGINEER according t o the total estimated preliminary engineering cost shown on Appendix A, attached hereto and made.a part of this contract, the sum not. to exceed Twenty-five Thousand Dollars ($25,000.001 Compensation for the services contained in Section A, Paragraphs 1 through 9, will be due and payable upon completion of the detailed plans and specifications, approval of same by the OWNER and the Arkansas State Highway Department, and after bids have been received for construction. CONSTRUCTION OBSERVATION: The OWNER shall compensate the ENGINEER for the actual time involved for the performance of services in Section A, Paragraphs 10 through 17, according to the base salary ✓ ate and the payroll expense, general overhead, and profit per- centages as shown on Appendix A, except construction control t esting in the field and laboratory. For the field and labora- tory controls of soils 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, back- fill material, per test (min. of 3 per trip) $11.50 3. Concrete compressive testing, per cylinder $ 8.50 7 • • It is hereby agreed that the costs for all tests which fail t o 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, Paragraphs 10 through 17, shall be due and payable in monthly installments, based upon the actual time spent in performance of these services, the final incremental amount to be payable upon completion and final acceptance of the construction work. Compensation for field and laboratory construction control test- ing shall be due and payable on a monthly basis, after submission of reports of testing performed during each month. OVERTIME ENGINEERING: The construction contract will contain a completion time expressed in calendar days. Should the construction require additional time and result in a requirement for additional services, payment for these services shall be made in accordance with t he methods and schedules given in Section C. SECTION C - ADDITIONAL ENGINEERING SERVICES The OWNER may wish to increase the engineering services herein t o 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 base salary rates, and the payroll expense, general overhead and profit percentages as shown on Appendix A. • • • • 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, drawings, specifica- tions 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 td 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 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. 9 • • 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. SECTION E - ACCESS TO RECORDS It is further agreed that the OWNER, the Arkansas State Highway Department, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the ENGINEER which are directly pertinent to the work hereunder, for the purpose of making audit, examination, excerpts and/or transcriptions. SECTION F - ACKNOWLEDGEMENTS In executing this contract the ENGINEER acknowledges that he has visited the site of the work, that he is familiar with conditions and characteristics of the site, and that he fully under- stands the nature, extent and character of the project and the time limitations placed thereupon. He further states that he has dis- cussed the proposed work with the representatives of the OWNER. The ENGINEER hereby states that he has and will comply with the requirements specified in Title IV of the. Civil Rights Act of 1964 and in CFR Part 7. The ENGINEER hereby states that he has performed planning and design engineering on previous sewer projects, as well as other projects of a similar nature, that through his laboratory facilities, 10 P • he has previously performed pertinent work on other sewer projects, as well as other projects of a similar nature, and that he has the staff and capabilities to perform the work described herein, in a professional and timely manner. The ENGINEER hereby acknowledges the requirement for execution of a certification pertaining to his employment to provide services hereunder, has signed such certificate, and same is appended and becomes a part of this contract. (Appendix B). The ENGINEER further acknowledges that he is not to perform any work hereunder until the OWNER has received a Preliminary Engineering Work Order from the Arkansas State Highway Department. This AGREEMENT shall inure to the benefits of and be binding upon legal representative 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 officials, this AGREEMENT in duplicate on the date heretofore stated. 11 (SEAL) McCLELLAND CONSULTING ENGINEERS, INC. • APPENDIX A ENGINEERING ESTIMATE Principal Engineer 20 hr. $20.00 Base Rate = $ 400.00 Project Engineer .230 hr. 8.68 - Base Rate = 1,996.40 Engineering Technician 25 hr. 6.42 Base Rate = 160.50 Supervisor . 200 hr. 7.54 Base Rate = 1,508.00 Party Chief 190 hr. 5.45. Base Rate = 1,035.50 Instrument Man 190 hr. 4.15 Base Rate = 788.50 Rodman/Chainman 190 hr. 3.50 Base Rate = 665.00 Draftsman 300 hr. 3.80 Base Rate = 1,140.00 Clerical 90 hr. 3.55 Base Rate = 319.50 Total Estimated Base Salaries* Payroll Expense @ 23% Total Direct Labor General Overhead @ 95% Total Labor and Overhead Profit @ 15% $ 8,013.40 $ 1,843.08 $ 9,856.48 $ 9,3363.66 $19,220.14 $ 2,883.00 Total Estimated Preliminary Engineering Cost $22,103.14 *Above rates shown are averages for persons assigned to this project. APPENDIX B TO AGREEMENT FOR ENGINEERING SERVICES Arkansas State Highway Department Job 4706 (Utilities) Job 4781 (Construction) State of Arkansas CERTIFICATION OF ENGINEER I hereby certify that.I am the President and duly authorized representative of the firm of McClelland Consulting Engineers, Inc., whose address is 1810 North College Avenue, Fayetteville, Arkansas, and that neither I nor the above firm I here represent has: a. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract, b agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or c. paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kindfor, or in connection with, procuring or carrying out the contract. I acknowledge that this certificate is to be furnished to the Arkansas State Highway Department in connection with this contract involving participation of Federal Highway Administration funds and is subject to applicable state and federal laws, both criminal and civil. &e4 1979 McClelland, P.E.