The URL can be used to link to this page

Home My WebLink About72-80 RESOLUTIONe • RESOLUTION NO. 702- 4'6 • • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE'A CONTRACT WITH McCLELLAN CONSULTING ENGINEERS FOR PRELIMINARY ENGINEERING SERVICES FOR. THE DEVELOPMENT OF TWO SOFTBALL FIELDS AT LAKE FAYETTEVILLE 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 a contract with McClellan Consulting Engineers,-inc. for preliminary engineering services for the development of two softball fields at Lake Fayetteville Park. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made amort hereof. ) k PASSED AND APPROVED this /01 --day of ATTES CITY CL RK e 'u" Y ` �^, .f n-riVit�n '44.T.= s'%+ -k 4 a. .:yam '+t- t--' APPROVED: 1980. CERTIFICATE OF RECORD State of Arkansas SS City of Fayetteville I, Bonnie Goering, City Clerk and Ex -Officio recorder tor the City of Fayetteville, do here- by certify that the annexed or fore_;oing of record in my office and the some ap- pears in Ordinance i, Resolution book • at p"ge Witncss m„ hand an eal this ‘.20 -1 ----(clay cf 1910 • City Clerk and Fv-O'f` MICROFILMED 11, • AGREEMENT THIS AGREEMENT made as of the 21 st day of July 1980 by and between the City of Fayetteville, Arkansas hereinafter called the OWNER, and McClelland Consulting Engineers, Incorporated, hereinafter called the ENGINEER, WITNESSETH, That whereas the OWNER intends to perform improvements to Lake Fayetteville's Ball Fields No. 2 and No. 3 , hereinafter called the PROJECT NOW, THEREFORE, The OWNER and ENGINEER for the considerations hereinafter set forth, agree as follows: 1. THE ENGINEER AGREES to perform the following preliminary engineering services for the Project: a. General: The Engineer shall serve as the Owner's professional represent- ative in the planning of the Project, and shall give. consultation and advice to the Owner during the performance of his services. The Engineer shall secure and maintain such insurance as will protect him from claims under the Workmen's. Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of his serivces under this Agreement.. b. Basic Services of the Engineer: (1) Establish on the ground the physical location of the western boundary line, from extreme north to extreme south, and place permanent markers along this property line every 250 feet; (2) Show, on the ballfield layout plan prepared by the City Engineer's office dated June 26, 1980, the exact physical location of the afore- mentioned western boundary line; (3) Prepare cross-sections of the property in the vicinity of ballfield No. 3 showing existing and proposed grades, giving special attention to drainage toward the south and east; (4) Establish on the ground the physical location of the fence corners for ballfields No. 2 and No. 3, as shown on the ballfield layout plan prepared by the City Engineer's office dated June 26, 1980; (5) Furnish a plan for the fencing of both parks in accordance with the ballfield layout plan prepared by the City Engineer's office dated June 26, 1980 and written specifications to be provided by the City of. r�f NATED .lrnux. ...meauc • Fayetteville's representative as soon contract, and per verbal instructions concerning the placement and sizes of as possible upon execution of this from the City's representative gates. c. Extra Services of the Engineer shall be provided by the Engineer as follows when requested in writing by the Owner: Preparation of Contract Documents. Receipt of Propsals. General Construction Inspection. As -Built Drawings. Inspection Prior to Expiration of the Guaranty Period. d. Reimbursable Services of the Engineer shall include the following items: ur cr.'? -.1 ..�...`?mpE'ti 5'J'...' +f a the Eq '- reproduction of drawings and specifications. 2. THE OWNER AGREES to provide the Engineer with complete information concerning the requirements of the Project and to perform the following services: a. Access to the Work: The Owner shall guarantee access to and make all provisions for the Engineer to enter upon public and private lands as required for the Engineer to perform such work as surveys and inspections in the development of the Project. b. Consideration of the Engineer's Work:. The Owner shall give thorough consideration to all sketches, drawings, specifications and other docu- ments presented by the Engineer and shall inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer: c. Protection of Markers: The Owner shall protect to the best of his ability, all stakes and other markers set by the Engineer prior to the assumption of such responsibility by the Contractor. Replacement of markers or stakes which have been damaged, moved or removed shall be paid for by the Owner as extraservices of the Engineer. d. Standards: The: Owner shall furnish the Engineer with a copy of any design and construction standards he shall require the Engineer to follow in the preparation of plans and/or specifications. e. Owner's Representative: The Owner shall designate in writing, a single person to act as Owner's Representative with respect to the work to be performed under this Agreement. The person designated as Owner's Representative shall have complete authority to transmit instructions, receive information, interpret and define Owner's policy and decisions, with respect to the materials, equipment, elements, and systems pertinent to the work covered by this Agreement. u*LLPOCI .rt.RNNEWEL?, • 3. THE OWNER'S PAYMENTS TO THE ENGINEER: a. General: Once each month, the Owner shall pay the Engineer for professional services performed under this Agreement in accordance with the time expended during the period. b. Payments for Basic Services of the Engineer: The Owner shall pay the Engineer, for the basic: services described in this Agreement in accordance with the following hourly rate schedule: Principal Engineer $50.00 Project Manager 45.00 Project Engineer 35.00 Inspector 30.00 Engineering Technician 18.00 Senior Draftsman 20.00 Junior Draftsman 15.00 Survey Crew (4 man) 52.00 Survey Crew (3 man) 40.00 Clerical 15.00 c. Extra Services of the Engineer: For Extra Services defined in Article lc. the Owner shall pay the Engineer on an hourly basis in accordance with the schedule presented heretofore in Article 3b. • J • • e. 4. THE OWNER AND ENGINEER FURTHER AGREE to the following conditions: a. Termination: This agreement may be terminated by either party by seven (7) days written notice in the event of substantial failure to perform in accordance with the terms hereof by the one party through no fault of the other party. If terminated due to the fault of others than the Engineer, the Engineer shall be paid for services performed to the date of termination, including reimbursements then due. b. Ownership of Documents: The completed tracings and master specification sheets shall remain the property of the Engineer and reproductions of them in whole or in part shall not be used on additions to the Project or on any other project except upon written agreement with the Engineer. 5. SUCCESSORS AND ASSIGNS: This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the Owner and the Engineer respectively and his partners, successors, assigns andlegal representatives. Neither the Owner nor the Engineer shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. 1.0 gilleEo • IN WITNESS -WHEREOF the parties hereto have made and executed this Agreement the day and year first above written. OWNER G /. ENGINEER McCLELLAND CONSULTING ENGINEERS, INC %14c�C/��wW \Pres sem: . 4. _Vftb ..,., OPC rt f4shiHrilwaN i73•1% li"'.e 11.44 \ Z r ^'r Yea. c 1�1,'�f`RAEEo LIVLf Qi\ L"T[tlLLL • AGREEMENT THIS AGREEMENT made as of the 21 st day of July 1980 by and between the City of Fayetteville, Arkansas hereinafter called the OWNER, and McClelland Consulting Engineers, Incorporated, hereinafter called the ENGINEER, WITNESSETH, That whereas the OWNER intends to perform improvements to Lake Fayetteville's Ball Fields No. 2 and No. 3 , hereinafter called the PROJECT NOW, THEREFORE, The OWNER and ENGINEER for the considerations hereinafter set forth, agree as follows: 1. THE ENGINEER AGREES to perform the following preliminary engineering services for the Project: a. General: The Engineer shall serve as the Owner's professional represent- ative in the planning of the Project, and shall give consultation and advice to the Owner during the performance of his services. The Engineer shall secure and maintain such insurance as will protect him from claims under the Workmen's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of his serivces under this Agreement. b. Basic Services of the Engineer: (1) Establish on the ground the physical location of the western boundary line, from extreme north to extreme south, and place permanent markers along this property line every 250 feet; (2) Show, on the ballfield layout plan prepared by the City Engineer's office dated June 26, 1980, the exact physical location of the afore- mentioned western boundary line; (3) Prepare cross-sections of the property in the vicinity of ballfield No. 3 showing existing and proposed grades, giving special attention to drainage toward the south and east; (4) Establish on the ground the physical location of the fence corners for ballfields No. 2 and No. 3, as shown on the ballfield layout plan prepared by the City Engineer's office dated June 26, 1980; (5) Furnish a plan for the fencing of both parks in accordance with the ballfield layout plan prepared by the City Engineer's office dated June 26, 1980 and written specifications to be provided by the City of. 0 StfFVED • Fayetteville's representative as soon contract, and per verbal instructions concerning the placement and sizes of as possible upon execution of this from the City's representative gates. c. Extra Services of the Engineer shall be provided by follows when requested in writing by the Owner: Preparation of Contract Documents. Receipt of Propsals. General Construction Inspection. As -Built Drawings. Inspection Prior to Expiration of the Guaranty the Engineer as Period. d. Reimbursable Services of the Engineer shall i_nclude�th_e following items: reproduction of drawings and specifications. • 2. THE OWNER AGREES to provide the Engineer with complete information concerning the requirements of the Project and to perform the following services: a. Access to the Work: The Owner shall guarantee access to and make all provisions for the Engineer to enter upon public and private lands as required for the Engineer to perform such work as surveys and inspections in the development of the Project. b. Consideration of the Engineer's Work: The Owner shall give thorough consideration to all sketches, drawings, specifications and other docu- ments presented by the Engineer and shall inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. c. Protection of Markers: The Owner shall protect to the best of his ability, all stakes and other markers set by the Engineer prior to the assumption of such responsibility by the Contractor. Replacement of markers or stakes which have been damaged, moved or removed shall be paid for by the Owner as extra services of the Engineer. d. Standards: The Owner shall furnish the Engineer with a copy of any design and construction standards he shall require the 'Engineer to follow in the preparation of plans and/or specifications. e. Owner's Representative: The Owner shall designate in writing, a single person to act as Owner's Representative with respect to the work to be performed under this Agreement. The person designated as Owner's Representative shall have complete authority to transmit instructions, receive information, interpret and define Owner's policy and decisions, with respect to the materials, equipment, elements, and systems pertinent to the work covered by this Agreement. L, . 0 P1411,;kaEeo • 3. THE OWNER'S PAYMENTS TO THE ENGINEER: a. General: Once each month, the Owner shall pay the Engineer for professional services performed under this Agreement in accordance with the time expended during the period. • b. Payments for Basic Services of the Engineer: The Owner shall pay the Engineer, for the basic services described in this Agreement in accordancewith the following hourly rate schedule: Principal Engineer Project Manager Project Engineer Inspector Engineering Technician Senior Draftsman Junior Draftsman Survey Crew (4 man) Survey Crew (3 man) Clerical $50.00 45.00 35.00 30.00 18.00 20.00 15.00 52.00 40.00 15.00 c. Extra Services of the Engineer: For Extra Services defined in Article lc. the Owner shall pay the. Engineer on an hourly basis in accordance with the schedule presented heretofore in Article 3b. 4. THE OWNER AND ENGINEER FURTHER AGREE to the following conditions: a. Termination: This agreement may be terminated by either party by seven (7) days written notice in the event of substantial failure to perform in accordance with the terms hereof by the one party through no fault of the other party. If terminated due to the fault of others than the Engineer, the Engineer shall be paid for services performed to the date of termination, including reimbursements then due. b. Ownership of Documents: The completed tracings and master specification sheets shall remain the property of the Engineer and reproductions of them in whole or in part shall not be used on additions to the Project or on any other project except upon written agreement with the Engineer. 5. SUCCESSORS AND ASSIGNS: This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the Owner and the Engineer respectively and his partners, successors, assigns and legal representatives. Neither the Owner nor the Engineer shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. I,•! N VkRATED (InlfPOO.ugnf�nlF • IN WITNESS WHEREOF the parties hereto have made and executed this Agreement the day and year first above written. OWNE ENGINEER McCLELLAND CONSULTING ENGINEERS,ININC 7,4 G�� '�GI�Pres 1,Z ,. TFWIf