HomeMy WebLinkAbout114-81 RESOLUTIONAGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made this ac/A, day of 5/,‘57„4„1,44_, , 19J' , by
and between the 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 construct an access road and related drainage
facilities for sludge disposal at its wastewater treatment plant (the
improvements), and
The ENGINEER agrees to perform the professional engineering services
required for the same.
The Project
approved by the
access road and
for construction
observation of
Specifications.
SECTION A - DESCRIPTION OF PROJECT
consists of performing preliminary engineering design, and if
City of Fayetteville representative, subsequent final design of
drainage facilities, the preparation of Plans and Specifications
of the improvements as ordered by the OWNER, and the
construction to assure compliance with the Plans and
WITNESSETH:. That for and in consideration of the mutual
agreements between the parties hereto, it is hereby agreed:
SECTION B - ENGINEERING SERVICES
covenants and
That the ENGINEER shall furnish basic engineering services as follows;
and the OWNER shall furnish such information and data as indicated:
1 The ENGINEER will conduct preliminary investigations to
determine project requirements.
2. The ENGINEER will perform field surveys to obtain topographic
information, cross-sections as needed, and establish a reference
line for use at a later date.
3. The ENGINEER will prepare a recommended design for the road
and drainage facilities and get approval of the City's
representative.
4. The ENGINEER will attend conferences with the OWNER and
other interested parties.
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5. The ENGINEER will prepare detailed plans, specifications and
cost estimate, and will obtain approval of said Plans and
Specifications from appropriate city representative.
6. Prior to the advertisement for bids, the ENGINEER will provide
no more than two (2) copies of detailed plans, specifications,
and contract documents for approval and use by the OWNER.
The cost of no more than two (2) copies of such plans,
specifications,, and contract document shall be included in the
basic compensation paid to the ENGINEER.
7. The plans prepared by the ENGINEER under the provisions of
Section B-5 above shall be in sufficient detail to permit the
actual .location of the proposed improvements at the site, and
shall be sufficient for bidders to formulate intelligent bids and
sufficient 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 construction.
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9. The ENGINEER will check and approve any necessary shop and
working drawings furnished by contractors.
10. 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.
11. The ENGINEER will provide general construction observation
periodically as construction progresses by the Contractor, and
will stake out drainage and road improvements for construction by
the Contractor under contract with the OWNER.
12. 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 sets of
"AS -BUILT" prints at no additional cost to the OWNER.
16. The ENGINEER will be available to furnish engineering service
consultations necessary to assist in the correction of all
(2)
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unforeseen project operation difficulties for a period of one year
after the date of final inspection and acceptance of the road by
the OWNER.
17. 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/Bodily Injury Insurance.
18. 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 construct project
improvements.
19. The OWNER shall pay for all advertising related to receiving
contracts and shall pay for any other advertising necessary to
complete the project. The OWNER shall pay for any permits or
inspection fees required by any reviewing agency.
20. The ENGINEER will commence work immediately upon execution of
this contract.
21. The ENGINEER will commence work on the Detailed Design
immediately upon notification by the OWNER, and will have the
detailed plans, specifications and contract documents completed
and ready for advertising and receiving bids within four (4)
weeks.
SECTION C - COMPENSATION FOR ENGINEERING SERVICES
That the OWNER shall compensate the ENGINEER for engineering services
based upon the following schedule:
DETAILED DESIGN AND SPECIFICATIONS: For services described in Section
B, paragraphs 1 through 7, the OWNER shall compensate the ENGINEER one
thousand eight ,hundred dollars ($1,800.00).
GENERAL CONSTRUCTION OBSERVATION: For the services described in
Section .B, paragraphs 8 through 17, the OWNER shall compensate the
ENGINEER six hundred dollars ($600 00), except that laboratory and field
testing, as required under Section B, paragraph 12, shall be according to the
following : .
(3)
1. Standard Proctor Curve, soils,
per curve
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2. Modified Proctor Curve, soils,
per curve
3. Field Density determinations,
Subgrade and base,
per test (min. of 3 per trip)
4. Concrete compressive testing,
making, testing, and reporting
per cylinder ( min. of 3 per trip).
$70.00 ea
$90.00 ea
$13.50 ea
$10.00 ea
The above unit prices are in addition to technician's time charge which shall
be in accordance with rates shown in Section D, following.
Compensation for field and laboratory construction control testing shall be
due and payable on monthly basis after submission of reports of testing
performed during each month.
The estimated cost for field and laboratory testing is $300.00. This
amount will not be exceeded without the prior approval of the OWNER.
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 of these
services shall be made in accordance with the methods and schedules given in
Section D. No overtime engineering will be completed without the prior written
approval of the OWNER.
SECTION D - RATES FOR BASIC AND ADDITIONAL ENGINEERING SERVICES
The OWNER may wish to increase the engineering services herein to
include those needed for Land Surveys, easements, additional construction
work, overtime engineering, or any services not specifically included in the
scope of this contract In such event, the actual amount to be paid shall be
determined by the following hourly or unit price schedule, as applicable, and
said amount may be in addition to those given as not -to -exceed amounts in
Section C, COMPENSATION FOR ENGINEERING SERVICES.
(4)
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PERSONNEL
ENGINEERING HOURLY BASE RATE*
Principal Engineer $22.34
Project Coordinator 18.01
Project Engineer 15.43
Engineer 10.70
Engineering Technician 6.87
Clerical 6.42
SURVEY/ CONSTRUCTION
Supervisor $9.92
Party Chief 8.23
Instrument Man 4.50
Rodman /Chainman 4.01
Inspector 12.50
DRAFTING
Supervisor
Draftsman
$10.04
6.96
The overhead rate applied to direct labor cost will be a 1.18 multiplier.
The profit rate applied to direct labor plus overhead will be a 0.15 multiplier.
Hourly rates quoted herein shall be effective for one year from
date of execution of this contract. After that time, rates shall be
increased by 7% or by the amount of the national inflation rate,
whichever is greater.
In the event the OWNER requires additional services of the ENGINEER, for
which the total, compensation shall exceed the maximum herein stated for basic
services, the OWNER and the ENGINEER shall enter into a new contract to
provide for the performance of the services and compensation therefor.
SECTION E - TERMINATION
TERMINATION OF CONTRACT FOR CAUSE: If, through any cause, the
ENGINEER shall fail to fulfill in timely and proper manner his obligations under
this contract, or if the ENGINEER shall violate any of the covenants,
agreements, or stipulations of this contract, the OWNER shall thereupon have
the right to terminate this contract by giving written notice to the ENGINEER
of such termination and specifying the effective date thereof, at least five days
(5)
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before the effective date of such termination In such event, all finished or
unfinished documents, data, studies, and reports prepared by the ENGINEER
under contract shall, at the option of the OWNER become its property, and the
ENGINEER shall be entitled to receive just and equitable compensation, based on
the hourly and/or daily rates stipulated or other costs as allowed under this
contract, for any satisfactory work completed on such documents.
Notwithstanding the above, the ENGINEER shall not be relieved of liability to
the OWNER for damages sustained by the OWNER by virtue of any breach of
the contract by the ENGINEER and the OWNER may withhold any payments to
the ENGINEER for the purpose of setoff until such time as the exact amount of
damages due the OWNER from the ENGINEER is determined.
TERMINATION FOR CONVENIENCE OF THE OWNER: The OWNER may terminate
this contract any time by a notice in writing from the OWNER to the ENGINEER.
If the contract is terminated by the OWNER as provided herein, the ENGINEER
will receive instant equitable compensation based on the hourly and/or daily
rates stipulated or other costs as allowed under this contract less payments of
compensations previously .made provided, however, that if less than sixty
percent of the services covered by the contract have been performed upon the
effective date of such termination, the ENGINEER shall be reimbursed (in
addition to the above payment) for that portion of the actual out-of-pocket
expenses (not otherwise reimbursed under this contract) incurred by the
ENGINEER during the contract period which are directly attributable to the
uncompleted portion of the services covered by this Contract.
TERMINATION FOR OBSOLESCENCE:. In the event the OWNER is unable to
secure funds for the construction of the project described herein, this Contract
shall automatically terminate one year from the date of execution.
SECTION F - MISCELLANEOUS
CHANGES: The OWNER may, from time to time, request changes in the scope
of the services of the ENGINEER to be performed hereunder. Such changes,
including any increase or decrease in the amount of the ENGINEER'S
compensation, shall be incorporated in written amendments to this Contract.
COMPLIANCE WITH LOCAL LAWS: The ENGINEER shall comply with all
applicable laws, ordinances, and codes of the state and local governments, and
shall commit no trespass on any public or private property in performing any of
the work embraced by this Contract.
ASSIGNABILITY: The ENGINEER shall not assign any interest in this Contract
and shall not transfer any interest in the same (whether by assignment or
novation) without the prior written approval of the OWNER: Provided,
however, that claims for money due or to become due to the ENGINEER from the
OWNER under this contract may be assigned to a bank, trust company, or other
financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any such assignment or transfer shall be furnished promptly to the
OWNER.
(6)
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ACCESS TO RECORDS: The ENGINEER shall maintain books, records,
documents and other evidence directly pertinent to performance of work under
under this Agreement in accordance with accepted professional practice,
appropriate accounting procedures and practices, and applicable regulations
procedures and practices, and applicable regulations and guidelines.
The OWNER, or their duly authorized representative shall have access to such
books, records, documents and other evidence for the purpose of inspection,
audit and copying. The ENGINEER will provide proper facilities for such
access and inspection.
This agreement shall insure to the benefits of and be binding upon the
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 representatives, this AGREEMENT in
,duplicate on the date hereof stated.
(SEAL)%a_
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es>
.' ATTEST:,.
n
�.BY 4(.Lµ=z_a_4-_-.
Typed Name Vivian Koettel
Title City Clerk
Date //_ .Q•72/
ATTEST:
,
CITY OF FAYETTEVILLE
Typed Name John Todd
Title
Mayor
Date //-02g-/- j/
McCLELLAND CONSULTING ENGINEERS, INC.
BY E- aIII tc4
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Typed Name Maurice A. McClelland
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Title Secretary -Treasurer
Date
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(7)
By
4 ga
ed Name J. E. McClelland
Title
President
Date
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RESOLUTION NO. //414)/
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH MCLELLAND CONSULTING ENGINEERS,
INC., FOR THE DESIGN AND CONSTRUCTION SUPERVISION OF
AN ACCESS ROADWAY AT THE POLLUTION CONTROL PLANT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized
to execute a contract with Mclelland Consulting Engineers,
Inc., for the design and construction supervision of an
access roadway at the pollution control plant. A copy of
the contract authorizied for execution hereby is attached
hereto marked Exhibit "A" and made a part hereof. /"
PASSED AND APPROVED this /1 day of `i p�,.e m.G4-.�
1981.
. "ATT.EF
es•CC,
+�?�i`�
/zIV CITY CLERK4J
)4(
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APPROVED:
CERTIFICATE; .QE R OJ
State.Ika
of Arkaisas-
Cry of Fayetteville i S;S
T• Vivian Roane], City
y Clerk art f,`
1)1VTvTh for the
rc rdcry that of I'ayettevl�l
b record`t the annexed e cto ner*.
in my office or the fame n.is
Bei in Ordinance & Meso niden hootk
s ` ?Th
mat pag< 2 i i
hand a • •. `seal till �� �� tfiess ?]l
9 —t1aF 9f
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MICROFILMED