HomeMy WebLinkAbout57-83 RESOLUTIONRESOLUTION NO.
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH McCLELLAND CONSULTING ENGINEERS,
INC. FOR A DRAINAGE AND SEWAGE STUDY FOR THE ARKANSAS
HIGHWAY 16 WEST AREA AT A LUMP SUM AMOUNT OF $12,500.00.
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 McClelland Consulting
Engineers, -:Inc. for a drainage and sewage study for an area
along Arkansas Highway 16 West at a lump sum amount of $12,500.00.
A copy of the contract authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this S.Q day of 7»4 j/
&
City Clerk /
APPROVED:
(:;;2)
By. v(�
Mayor
, 1983.
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AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made this 16th day of May
1983, 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
sewerage
The
services
OWNER desires to assess the storm drainage and sanitary
needs for a "target area" along Highway 16 West, and
ENGINEER' agrees to perform professional engineering
in accordance with the provisions stated hereinafter.
SECTION A - DESCRIPTION OF PROJECT
In November, 1982, the citizens of Fayetteville approved the
annexation of a "target area" along Highway 16 West in
Fayetteville, generally bounded on the south by a line 1/2 -mile
south of the Highway; on the west by a line 660' west of Double
Springs Road; on the north by a line 660' north of the Highway;
and on the east by the existing city limits. The existing land
use pattern of the area is generally a mixture of agricultural
and residential uses, with some commercial tracts along the
highway. On April 5, 1982, the City Board approved amendments to
the General Land Use Plan and the Master Street Plan for the area
of reference.
Since annexation several properties have been -requested for
rezoning, generally from agricultural to commercial, but none as
yet have been approved. The City Planning Commission, believing
that the area has significant development potential in the
future, has indicated a reluctance to encourage or approve major
changes in the existing land use until the City has a reasonable
grasp, in general terms, of the drainage and sewer line
improvements that should be required of the developer of an
individual lot or parcel in the area.
The ENGINEER agrees to perform this general study and
present his findings in two (2) separate documents: one for
storm water drainage; the other for sanitary sewerage
improvements.
WITNESSETH: That for and in consideration of. the mutual
covenants and agreements between the parties hereto, it is hereby
agreed:
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SECTION B - ENGINEERING SERVICES
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 perform initial planning to
determine project requirements. Appropriate maps
of the study area will be gathered and reviewed.
The total area will be divided into sub -areas and
those areas tributary to critical points and
parcels will be determined.
2. The ENGINEER will perform visual surveys to
determine existing man-made and natural drainage
features and any obvious problems associated with
same, such as stoppages caused by debris,
vegetation, obstacles to sewer construction, etc.
3. The ENGINEER will perform field surveys, if he so
deems necessary, to establish cross-sections of
drainage ditches, streams, etc.
4. The ENGINEER will compute expected storm runoff
and sanitary sewage flows by sub -area to critical
points and parcels in the target area, using
appropriate storm drainage and sewage generation
rate criteria.
5. The ENGINEER, using the data obtained from the
visual and field surveys, coupled with drainage
computations, will determine the required size of
drainage ditches, culverts, boxes, etc. necessary
to handle the preferred design year storm
intensity. The Master Street Plan map provided
with the City's RFP for this project will be
utilized in this effort.
6. The ENGINEER, using data obtained from his
surveys, maps, and computations will derive a
recommended sewerage plan (including lift
station(s), if appropriate) to handle the
anticipated quantity of sewage to be generated
within the study area.
7. The ENGINEER will provide preliminary cost
estimates for the recommended drainage and
sewerage needs appearing in the final reports.
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8. The ENGINEER will prepare two (2) separate final
reports (one for storm water drainage; one for
sanitary sewerage) stating:
o Existing conditions
o Projected (design) conditions
o Flows to be handled
o Recommended improvements to be provided
by the City
o Preliminary Estimates of Cost
Plan view drawings of the general locations of
recommended improvements will be shown in the
final reports on up-to-date aerial photographs of
the area with 5' contour intervals.
9. The ENGINEER will present six (6) copies of both
reports to the City as a part of the basic
AGREEMENT. Additional copies will be available
at the cost of reproduction.
10. 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 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.
11: tidShoulethe ENGINEER encounter -opposition to .the
45granting of aceess''to properties withinthestudy
area, the;OWNER shall' assist the _ENGINEER=in'his
attempts to gain said access. .-
12. The OWNER shall- respond expeditiously to all
inquiries from the ENGINEER regarding preference
for storm frequency design criteria, as built
sewer information, zoning and land -use planning.
13. The OWNER shall designate one person as his
representative. This person shall serve as the
designated representative for project
coordination, liaison, clarification of OWNER's
instructions and related activities.
14. The ENGINEER will commence work immediately upon
the issuance of a Notice to Proceed and shall
complete the reports within fourteen (14) weeks
therefrom, unless otherwise approved in writing
by the City's designated representative.
SECTION C - COMPENSATION FOR ENGINEERING SERVICES
That the OWNER shall compensate the ENGINEER for engineering
services based upon the ENGINEER'S lump sum fee of
Twelve -Thousand, Five Hundred Dollars ($12,500.00).
SECTION D - RATES FOR BASIC AND ADDITIONAL ENGINEERING SERVICES
During the course of the Project the OWNER may wish to
increase the engineering services herein, beyond those called for
in the Request for Proposals. Such additional work might include
any or all of the following:
The preparation of land surveys to establish on the
ground the precise location of points referred to in
the study, such as property lines, easements, or the
location of structures or facilities;
Expansion of the scope of the work of all or a portion
of the Project boundaries beyond those specified in the
Request for Proposals;
Appearances by the ENGINEER at meetings with interested
landowners or public bodies after the results of the
study have been ,presented to, and accepted by, the
appropriate City group;
Testimony resulting from legal action; or
Other services which are not stipulated in the scope of
the project.
In the event of such additional services the actual amount
paid shall be determined by the following hourly or unit price
schedule, as applicable with overhead and profit factors being
applied thereto; and said amount will be in addition to the lump
sum fee established in Section C, COMPENSATION FOR ENGINEERING
SERVICES. Such additional work shall be authorized beforehand by
means of a written document which outlines the additional work
involved and an estimate of its additional cost.
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PERSONNEL
ENGINEERING HOURLY BASE RATE
Principal Engineer $ 22.34
Project Coordinator 18.01
Engineer 15.34
Engineering Technician 6.87
Clerical 6.42
SURVEY/CONSTRUCTION
Supervisor $ 9.92
Party Chief 8.23
Instrument Man 5.50
Rodman/Chainman 5.50
Inspector 12.50
DRAFTING
Supervisor $ 10.04
Draftsman 6.96
The overhead rate applied to direct labor cost will be 1.20
multiplier.
The profit rate applied to direct labor plus overhead will
be 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.
SECTION E - TERMINATION
TERMINATION OF CONTRACT FOR CAUSE: If, through 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 b» giving written notice to'the ENGINEER of such
termination and specifying the effective date thereof, at least
five days 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 set off 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 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`pthe 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 uncompletedportion of the services covered
by this Contract.
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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. Work that is re -done at
the request of the OWNER that is not as a result of any omission
or commission on the part of the ENGINEER, shall be eligible for
compensation under this provision.
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
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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.
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 inure to the benefits of and be binding
upon the legal representative and successors of the parties
respectively and shall become effective upon execution.
CITY'S OWNERSHIP OF DOCUMENTS: At completion of the work, the
City shall own all of the documents prepared by the ENGINEER in
the course of performing the study.
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
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s (=St AL)
ATTEST
'74,By "_
Typed Name Olivia Kelly
Title CityClerk
Date 7! /f/// � 9g3
,-%yATTEST':„
CITY OF FAYETTEVILLE
Typed Name Paul Noland
Title
Date
Mayor
/a /n3
McCLELLAND CONSULTING
ENGINE RS,, INC
By JrlC es.cs_By
yr -
TTyped3Name Maurice A. McClellan
Title
Date
sole
d Qred Name J. E. McClelland
Secretary -Treasurer Title
Date
President