HomeMy WebLinkAbout79A-85 RESOLUTION•
RESOLUTION ND. 79A-85
SCANNED
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CTFRK
TO EXECUTE A CONTRACT FOR ENGINEERING SERVICES
WITH MCCLELLAND CONSULTING ENGINEERS, INC. FOR
THE DESIGN OF AN ACCESS ROADWAY THROUGH GREGORY
PARK.
BE IT RESOLVED BY THE BOARD OF DIRECIORS OF TAE CITY OF FAYEIIEVILLE,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute a contract for engineering services with McClelland Consulting
Engineers, Inc. for the design of an access roadway through Gregory
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 loth day of July
F A`I'TESTr ..-'Z N 1 +
:r.
APPROVED
, 1985.
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STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of
July 26 _ , 1985 between
the City of Fayetteville, Arkansas (OWNER) and McClelland
Consulting Engineers, Inc. (ENGINEER). OWNER intends to
A. Prepare a preliminary design of a 30' -wide street with
appropriate curb, gutter, and storm water drainage, within a
50' right-of-way in accordance with a plat provided by the
City which shows the general route to be taken through
Gregory Park.
B. Perform soil testing as necessary to determine material
types and quantities.
C. Perform surveying as necessary to determine a legal
description of the right-of-way and perform detailed design.
D. Prepare Plans and Specifications (after approval of the
Preliminary Design by the City) in sufficient detail to
advertise for bids.
(hereinafter called the project).
OWNER and ENGINEER in consideration of their mutual covenants herein agree
in respect of the performance of professional engineering services by
ENGINEER and the payment for those services by OWNER as set forth below.
ENGINEER. shall provide engineering services for OWNER in all phases of the
Project to which this Agreement applies, ,serve as OWNER's professional
engineering representative for the Project as set forth below and shall
give professional engineering consultation and advice to OWNER during the
performance of services, hereunder.
SECTION 1 - BASIC SERVICES OF ENGINEER
1.1 General
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1.1:h ENGINEER shall perform professional services as hereinafter stated
which include•.customary civil engineering services incidental thereto.•
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EXHIBIT A
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1.2 (Not Applicable)
1.3 Preliminary Design Phase
After authorization to proceed, ENGINEER shall:
1.3.1. In consultation with OWNER determine the extent of the Project.
1.3.2. Prepare preliminary design documents consisting of design criteria
and preliminary drawings.
1.3.3. Based on the information contained in the preliminary design
documents, submit an opinion of probable Project Cost.
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1.3.4. Furnish three copies of the above preliminary design documents.
The duties and responsibilities of„ENGINEER during the Preliminary Design
Phase are amended avid supplemented as indicated in paragraph 2 of Exhibit A
"Further Description of Basic Engineering -Services and,Related Matters".
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1.4 Final Design Phase, 1
After authorization to proceed with the Final Design Phase, ENGINEER shall:
1.4.1. On the basis of the accepted preliminary design documents and the
opinion of probable Project Cost, prepare for incorporation of the Contract
Documents final drawings to show the character and extent of the Project
(hereinafter called "Drawings") and Specifications.
1.4.2. Furnish to OWNER such documents and design data as may be required
so that OWNER may apply for approvals of such governmental authorities as
have jurisdiction over design criteria applicable to the Project.
1.4.3. Advise OWNER of any adjustments to the latest opinion of probable
Project Cost caused by changes in extent or design requirements of the
Project or Construction Costs based on the Drawings and Specifications.
1.4.4. Prepare for review and approval by OWNER, his legal counsel and
other advisors contract agreement forms, general conditions and
supplementary conditions, and bid forms, invitations to bid and
instructions to bidders.
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1.4.5. Furnish three copies of the above documents and present and review
them in person with OWNER.
The duties and responsibilities of ENGINEER during the Final Design Phase
are amended and supplemented as indicated in paragraph 3 of Exhibit A
"Further Description of Basic Engineering Services and Related Matters".
1.5 (Not Applicable)
1.6 (Not Applicable)
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
2.1 General
If authorized in writing by OWNER, ENGINEER' shall furnish or obtain from
others Additional Services of the following types which are not considered
normal or customary Basic Services except to the extent provided otherwise
in Exhibit A "Further Description of Basic Engineering Services and Related
Matters"; these will be paid for by OWNER as indicated in Section 5.
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2.1.1. Preparation of applications and supporting documents for
governmental grants, loans or advances in connection with the Project;
preparation or review of environmental assessments and impact statements;
review and evaluation of the effect on the design requirements of the
Project of any such statements and documents prepared by others; and
assistance in obtaining approvals of authorities having jurisdiction over
the anticipated environmental impact of the Project.
2.1.2. Services to verify the accuracy of drawings or facilities, or to
verify the accuracy of drawings or other information furnished by OWNER.
2.1.3. Services resulting from significant changes in extent of the
Project or its design including, but not limited to, changes in size,
complexity, OWNER's schedule, or character of construction or method of
financing; and revising previously accepted studies, reports, design
documents or Contract Documents when such revisions are due to causes
beyond ENGINEER's control.
2.1.4. Providing renderings or models for OWNER's use.
2.1.5. Preparing documents for alternate bids requested by OWNER for
Contractor(s)' work which is not executed or documents for out -of -sequence
work.
2.1.6. Investigations involving detailed consideration of operations,
maintenance and overhead expenses, providing Value Engineering during the
course of design; the preparation of feasibility studies, cash flow and
economic evaluations, rate schedules and appraisals; assistance in
obtaining financing for the Project; evaluating processes available for
licensing and assisting OWNER in obtaining process licensing; detailed
quantity surveys of material, equipment and labor; and audits or
inventories required in connection with construction performed by OWNER.
2.1.7. Furnishing the services of special consultants for other than the
normal civil and structural engineering incidental thereto, and providing
data or services of the types described in paragraph 3.3 when OWNER
authorizes ENGINEER to provide such data or services in lieu of furnishing
the same in accordance with paragraph 3.3.
2.1.8. Services resulting from the award of more separate prime contracts
for construction, materials, equipment or services for the Project and
services resulting from the arranging for performance by persons other than
the principal prime contractors of services for the OWNER and administering
OWNER's contract for such services.
2.1.9. Providing field surveys for staking to enable Contractor to proceed
with his work; and providing other special field surveys.
2.1.10. Services in connection with change orders to reflect changes
requested by OWNER if the resulting change in compensation for Basic
Services is not commensurate with the additional services rendered,
services after the award of each contract in evaluating substitutions
proposed by Contractor(s), and in making revisions to Drawings and
Specifications occasioned thereby, and services resulting from significant
delays, changes or price increases occurring as a direct of indirect result
of material, equipment or energy shortages.
2.1.11. Construction management services.
2.1.12. Preparing for OWNER, on request, a set of reproducible record
prints of Drawings showing those changes made during the construction
process, based on the marked -up prints, drawings, and other data furnished
by Contractor(s) to ENGINEER and which ENGINEER considers significant. One
set of record prints will be included with Basic Services.
2.1.13. Additional or extended services during construction made necessary
by (1) work damaged by fire or other cause during construction, (2) a
significant amount of defective or neglected work of Contractor(s), (3)
prolongation of the contract time of any prime contract by more than one
hundred, twenty calendar days, (4) acceleration of the progress schedule
involving services beyond normal working hours, and (5) default by
Contractor(s).
2.1.14. (Not Applicable)
2.1.15. Services after completion of the Construction Phase, such as
inspections during any guarantee period and reporting observed
discrepancies under guarantees called for in any contract for the Project.
2.1.16. Preparing to serve or serving as a consultant or witness for OWNER
in any litigation involving the Project (except as agreed to Under Basic
Services).
2.1.17. Additional services in connection with the Project, including
services normally furnished by OWNER and services not otherwise provided
for in this Agreement.
2.2. Resident Services During Construction
2.2.1. A Resident Project Representative will be furnished and will act as
directed by ENGINEER in order to assist ENGINEER in observing performance
of the work of Contractor(s). Such services will be paid for by OWNER as
indicated in Section 5.
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2.2.2. Through more extensive on-site observations of the work in progress
and field checks of materials and equipment by the Resident Project
Representative and assistants, ENGINEER shall endeavor to provide further
protection for OWNER against defects and deficiencies in the work of
Contractor(s); but the furnishing of such resident Project representation
will not make ENGINEER responsible for construction means, methods,
techniques, sequences or procedures or for safety precautions or programs,
or for Contractor(s)' failure to perform their work in accordance with the
Contract Documents.
2.2.3. (Not Applicable)
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall:
3.1. Provide all criteria and full information as to OWNER's requirements
for the Project, including design objectives and constraints, space,
capacity and performance requirements, flexibility and expandability, and
any budgetary limitations; and furnish copies of all design and
construction standards which OWNER will require to be included in the
Drawings and Specifications.
3.2. Assist ENGINEER by placing at his disposal all available information
pertinent to the Project including previous reports and any other data
relative to design or construction of the Project.
3.3. Furnish to ENGINEER, as required for performance of ENGINEER's Basic
Services (except to the extent provided otherwise in Exhibit A "Further
Description of Basic Engineering Services and Related Matters"), data
prepared by or services of others, including without limitation core
borings, probings and subsurface explorations, laboratory tests and
inspections of samples, materials and equipment; appropriate professional
interpretations of all of the foregoing; environmental assessment and
impact statements; zoning, deed and other land use restriction; and other
special data or consultations not covered in Section 2; all of which
ENGINEER may rely upon in performing his services.
3.4. Arrange for access to and make all provisions for ENGINEER to enter
upon public and private property as required for ENGINEER to perform his
services.
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3.5. Examine all studies, reports, sketches, Drawings, Specifications,
proposals and other documents, presented by ENGINEER, obtain advice of an
attorney, insurance counselor and other consultants as OWNER deems
appropriate for such examination and render in writing decisions pertaining
• thereto within a reasonable time so as not to delay the services of
ENGINEER.
3.6. Furnish approvals and permits from all governmental authorities
having jurisdiction over the Project and such approvals and consents from
others as may be necessary for completion of the Project.
3.7. Provide such accounting, independent cost estimating and insurance
counseling services as may be required for the Project, such legal services
as OWNER may require or ENGINEER may reasonable request with regard to
legal issues pertaining to the Project including any that may be raised by
Contractor(s), such auditing service as OWNER may require to ascertain how
or for what purpose any Contractor has used the moneys paid to him under
the construction contract, and such inspection services as OWNER may
require to ascertain that Contractor(s) are complying with any law, rule or
regulation applicable to their performance of the work.
3.8. Designate a person to act as OWNER's representative with
the services to be rendered under this Agreement, Such person
complete authority to transmit instructions, receive information
and define OWNER's policies and decisions with respect to
equipment, elements and systems pertinent to ENGINEER's services
respect to
shall have
, interpret
materials,
3.9. Give prompt written notice to ENGINEER whenever OWNER observes or
otherwise becomes aware of any development that affects the scope or timing
of ENGINEER's services, or'any defect in the work of Contractor(s).
3.10. Furnish, or direct ENGINEER to provide, necessary Additional
Services as stipulated in Section 2 of this Agreement or other services as
required.
3.11. Bear all costs incident to compliance with the requirements of this
Section 3.
SECTION 4 - PERIOD OF SERVICE
4.1 The provisions of this Section 4 and the various rates of compensation
for ENGINEER's services provided for elsewhere in this Agreement have been
agreed to in anticipation of the orderly and continuous progress of the
Project. ENGINEER's obligation to render services hereunder will extend
for a period which may reasonably be required for the design of the Project
including extra work requiring extensions thereto.
4.2. (Not Applicable)
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4.3. ENGINEER shall proceed with the performance of the services called
for in the Preliminary Design Phase, and shall submit preliminary design
documents and an opinion of probable Project Cost within the stipulated
period indicated in paragraph 2 of Exhibit A "Further Description of Basic
Engineering Services and Related Matters" after authorization to proceed
with that phase of services.
4.4. After acceptance by OWNER of the Preliminary Design Phase documents
indicating any specific modifications or changes in the extent of the
Project desired by OWNER, and upon authorization from OWNER, ENGINEER shall
proceed with the performance of the services called for in the Final Design
Phase; and shall deliver Contract Documents within the stipulated period
indicated in paragraph 3 of Exhibit A "Further Description of Basic
Engineering Services and Related Matters" after authorization to proceed
with that phase of services.
4.5. ENGINEER's services under the Preliminary Design Phase and Final
Design Phase shall each be considered complete at the date when the
submissions for that phase have been received by OWNER.
4.6. (Not Applicable)
4.7. (Not Applicable)
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4.8. If OWNER has requested significant modifications or changes in the
extent of the Project, the time of performance of ENGINEER's services shall
be adjusted appropriately.
4.9. If OWNER fails to give prompt authorization to proceed with any phase
of services after completion of the immediately preceding phase, ENGINEER
may, after giving seven days' written notice to OWNER, suspend services
under this Agreement.
4.10. If ENGINEER's services for design or during construction of the
Project are delayed or suspended in whole or in part by OWNER for more than
three months for reasons beyond ENGINEER's control, ENGINEER shall on
written demand to OWNER (but without termination of this Agreement) be paid
as provided in paragraph 5.3.2. If such delay or suspension extends for
more than one year for reasons beyond ENGINEER's control, or if ENGINEER
for any reason is required to render services more than one year after
Substantial Completion of the first phase of construction, the various
rates of compensation provided for elsewhere in this Agreement shall be
subject to renegotiation.
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SECTION 5 - PAYMENTS TO ENGINEER
5.1 Methods of Payment for Services and Expenses of ENGINEER
5.1.1. For Basic Services. OWNER shall pay ENGINEER for Basic Services
rendered under Section 1, paragraphs 1.2 through 1.5, (as amended and
supplemented by Exhibit A "Further Description of Basic Engineering
Services and Related Matters") a lump sum fixed fee of $8,500.00.
5.1.2. (Not Applicable)
5.1.3 For Additional Services. OWNER shall pay ENGINEER for Additional
Services rendered under Section 2 as follows:
5.1.3.1. General. For Additional Services rendered under paragraphs 2.1.1
through 2.1.17, inclusive (except services covered by paragraph 2.1.17 and
services as a consultant or witness under paragraph 2.1.16), on the basis
of Direct Labor Costs times a factor of 2.76 for services rendered by
principals and employees assigned to the Project.
5.1.3.2. (Not Applicable)
5.1.3.3. Serving as a Witness. For the services rendered by principals
and employees as consultants or witnesses in any litigation, hearing or
proceeding in accordance with paragraph 2.1.16, at the rate of $520 per day
or any portion thereof (but compensation for time spent in preparing to
appear in any such litigation, hearing or proceeding will be on the basis
provided in paragraph 5.1.3.1).
5.2 Times of Payments
5.2.1. ENGINEER shall submit monthly statements for Basic and Additional
Services rendered. The statements will be based upon ENGINEER's estimate
of the proportion of the total services actually completed at the time of
billing. OWNER shall make prompt monthly payments in response to
ENGINEER's monthly statements.
5.3 Other Provisions Concerning Payments.
5.3.1. If OWNER fails to make any payment due ENGINEER for services and
expenses within sixty days after receipt of ENGINEER's bill therefor, the
amounts due ENGINEER shall include a charge at the rate of 1% per month
from said sixtieth day, and in addition, ENGINEER may, after giving seven
days written notice to OWNER, suspend services under this Agreement until
he has been paid in'full all amounts due him for services and expenses.
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5.3.2. In the event of termination by OWNER under paragraph 7.1 upon the
completion of any phase of the Basic Services, progress payments due
ENGINEER for services rendered through such phase shall constitute total
payment for such services.
5.4. Definitions
5.4.1. The Direct Labor Costs used as a basis for payment mean salaries
and wages (basic) paid to all personnel engaged directly on the Project,
including, but not limited to, engineers, surveyors, designers, draftsmen,
specifications writers, estimators, other technical personnel,
stenographers, typists and clerks.
SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1 Construction Cost.
The construction cost of the entire Project (herein referred to as
"Construction Cast") means the total cost of the entire Project to OWNER,
but it will not include ENGINEER's compensation and expenses, the cost of
land, rights-of-way, or compensation for or damages to, properties unless
this Agreement so specifies, nor will it include OWNER's legal, accounting,
insurance counseling or auditing services, or interest and financing
charge's incurred in connection with the Project.
6.2 Opinions of Cost
6.2.1 Since ENGINEER has no control over the cost of labor, materials,
equipment or services furnished by others, or over the Contractor(s)'
methods of determining prices, or over competitive bidding or market
conditions, his opinions of probable Project Cost and Construction Cost
provided for herein are to be made on the basis of his experience and
qualifications and represent his best judgment as an experienced and
qualified professional engineer, familiar with the construction industry;
but ENGINEER cannot and does not guarantee that proposals, bids or actual
Project or Construction Cost will not vary from opinions of probable cost
prepared by him. If prior to the Bidding or Negotiating Phase OWNER wishes
greater assurance as to Project or Construction Cost he shall employ an
independent cost estimator as provided in paragraph 3.8.
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SECTION 7 - GENERAL CONSIDERATIONS
7.1 Termination
The obligation to provide further services under this Agreement may be
terminated by either party upon seven days' written notice in the event of
substantial failure by the other party to perform in accordance with the
terms hereof through no fault of the terminating party.
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7.2 Reuse of Documents
All documents including Drawings and Specifications prepared by ENGINEER
pursuant to this Agreement are instruments of service in respect of the
Project. They are not intended or represented to be suitable for reuse by
OWNER or others on extensions of the Project or on any other project. Any
reuse without written verification or adaptation by ENGINEER for the
specific purpose intended will be at. OWNER's sole risk and without
liability or legal exposure to ENGINEER; and OWNER shall indemnify and hold
harmless ENGINEER from all claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom.
7.3 Controlling Law
This Agreement is to be governed by the law of the principal place of
business of ENGINEER.
7.4 Successors and Assigns
7.4.1. OWNER and ENGINEER each binds himself and his partners, successors,
executors, administrators, assigns and legal representatives to the other
party to this Agreement and to the partners, successors, executors,
administrators, assigns and legal representatives of such other party, in
respect to all covenants, agreements and obligations of this Agreement.
7.4.2. Neither OWNER nor ENGINEER shall assign, sublet or transfer any
rights under or interest in (including, but without limitation, moneys that
may become due or moneys that are due) this Agreement without the written
consent of the other, except as stated in paragraph 7.4.1 and except to the
extent that the effect of this limitation may be restricted by law. Unless
specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement. Nothing contained in this
paragraph shall prevent ENGINEER from employing such independent
consultants, associates and subcontractors as.he may deem appropriate to
assist him in the performance of services hereunder.
7.4.3. Nothing herein shall be construed to give any rights or benefits
hereunder to anyone other than OWNER and ENGINEER.
7.5. Arbitration
7.5.1. All claims, counterclaims, disputes and other matters in questions
between the parties hereto arising out of or relating to this Agreement or
the breach thereof will be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining, subject to the limitations and restrictions
stated in paragraphs 7.5.3 and 7.5.4 below. This Agreement so to arbitrate
and any other agreement or consent to arbitrate entered into in accordance
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herewith as provided in this paragraph 7.5 will be specifically enforceable
under the prevailing arbitration law of any court having jurisdiction.
7.5.2. Notice of demand for arbitration must be filed in writing with the
other parties to this Agreement and with the American Arbitration
Association. The demand must be made within a reasonable time after the
claim, dispute or other matter in question has arisen. In no event may the
demand for arbitration be made after institution of legal or equitable
proceedings based on such claim, dispute or other matter in question would
be barred by the applicable statute of limitations.
7.5.3. All demands for arbitration and all answering statements thereto
which include any monetary claim must contain a statement that the total
sum or value in controversy as alleged by the party making such demand or
answering statement is not more than $200,000 '(exclusive of interest and
costs). The arbitrators will not have jurisdiction, power or authority to
consider, or make findings (except in denial of their own jurisdiction)
concerning, any claim, counterclaim, dispute or other matter in question
where the amount in controversy thereof is more than $200,000 (exclusive of
interest and costs) or to render a monetary award in response thereto
against any party which totals more than $200,000 (exclusive of interest
and costs).
7.5.4. No arbitration arising out of, or relating to, this Agreement may
include, by consolidation, joinder or in any other manner, any person or
entity who is not a party to this Agreement.
7.5.5. By written consent signed by all the parties to this Agreement and
containing a specific reference hereto, the limitations and restrictions
contained in paragraphs 7.5.3 and 7.5.4 may be waived in whole or in part
as to any claim, counterclaim, dispute or other matter specifically
described in such consent. No consent to arbitration in respect of a
specifically described claim, counterclaim, dispute or other matter in
question will constitute consent to arbitrate any other claim,
counterclaim, dispute or other matter in question which is not specifically
described in such consent or in which the sum or value in controversy
exceeds $200,000 (exclusive of interest and costs) or which is with any
party not specifically described therein.
7.5.6. The award rendered by the arbitrators will be final, not subject to
appeal and judgment may be entered upon it in any court having jurisdiction
thereof.
SECTION 8 - SPECIAL PROVISIONS, EXHIBITS and SCHEDULES.
8.1 This Agreement is subject to the following special provisions.
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8.1.1. Access to the Records.
United States, or any of their
access to any books, documents
work under this contract which
program for the purpose of
transcriptions.
The OWNER, the Comptroller
duly authorized representati
, papers and records of the
are directly pertinent to a
making audit, examination,
General of the
ves, shall have
Engineer doing
specific grant
excerpts, and
8.1.2. Insurance. 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 services under this contract.
8.1.3. Equal Opportunity Provisions. During the performance of this
Contract, the Engineer agrees as follows:
8.1.3.1 The ENGINEER will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The ENGINEER will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
ENGINEER agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Contracting
Officer setting forth the provisions of this nondiscrimination clause.
8.1.3.2 The ENGINEER will, in all solicitations or advertisements for
employees placed by or on behalf of the ENGINEER, state that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
8.1.4 Conflict of Interest.
8.1.4.1 Interest of OWNER. No officer, employee, or agent of the OWNER
who exercises any functions or responsibilities in the review or approval
or in connection with the carrying out of the project to which this
contract pertains shall have any personal interest, direct or indirect, in
this Contract.
8.1.4.2 Interest of Certain Federal Officials. No member of or delegate
to the Congress of the United States, and no Resident Commissioner, shall
be admitted to any share or part of this Contract or to any benefit to
arise herefrom.
8.1.4.3 Interest of Engineer. The ENGINEER covenants that he presently
has no interest and shall not acquire any interest, direct or indirect, in
the above described project area or any parcels therein or any other
interest which would conflict in any manner or degree with the performance
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of his services hereunder. The ENGINEER further covenants that in the
performance of this Contract, no person having any such interest shall be
employed.
8.1.5 Other Provisions. In connection with the Project, the OWNER shall:
8.1.5.1 Give thorough consideration to all documents presented by the
ENGINEER and inform the ENGINEER of all decisions within a reasonable time
so as not to delay the work of the ENGINEER.
8.1.5.2 Make provision for the employees of the ENGINEER to enter public
and private lands as required for the ENGINEER to perform necessary
preliminary surveys and investigations.
8.2 The following Exhibit is attached to and made a part of this
Agreement:
8.2.1 Exhibit A "Further Description of Basic Engineering Services and
Related Matters" consisting of three pages.
8.3 This Agreement (consist of pages 1 to 15, inclusive), together with
the Exhibits and schedules identified above constitute the entire agreement
between OWNER and ENGINEER and supersede all prior written or oral
understandings. This Agreement and said Exhibits and schedules may only be
amended, supplemented, modified or cancelled by a duly executed written
instrument.
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IN WITNESS WHEREOF, the parties have made and executed this Agreement as of
the day and year first above written.
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EXHIBIT A
FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED MATTERS
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A. General
1. This is an exhibit attached to, made a part of and incorporated by
reference into the Agreement made on July 26 , 1985 between the
City of Fayetteville, Arkansas (OWNER) and (ENGINEER) providing for
professional engineering services. The Services of ENGINEER as
described in Section 1 of the Agreement are amended or supplemented as
indicated below and the time periods for the performance of certain
services as indicated in Section 4 of the Agreement are stipulated as
indicated below.
2. During the Preliminary Design Phases ENGINEER shall:
A. Perform field surveys of the site in order to establish the data
required to complete preliminary plans necessary for the
construction of the contemplated improvements, including the
establishment of ROW's. Specifically, a base line will be
established and referenced and cross sections will be surveyed at
50' centers. The survey information will be utilized to
establish recommended grades and alignment.
B. Collect soil samples and test them for plasticity and for
strength through the CBR method.
C. Prepare preliminary drawings which:
1) Locate existing utilities, as best can be located without
excavation, and the logical street right-of-way lines.
2) Provide information for alignment, profile, and cross
sections on 50 -foot stations.
3) Show the plan and profile and cross sections on 24 -inch by
36 -inch plan sheets to a scale of 1" = 20'.
D. Provide a construction cost estimate for the street as shown on
the preliminary drawings.
The preliminary engineering services will be completed by August 18, 1985.
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3. During the final Design Phase ENGINEER shall:
Prepare detailed Plans and Specifications in view of decisions made by the
City in response to the Preliminary Engineering Report. The Plans and
Specifications will provide sufficient detail to permit prospective
contractors to formulate intelligent bids for construction of the proposed
improvements.
The Final Design Phase Services will be completed and Contract Documents
and ENGINEER'S opinion of costs submitted to the City by September 17,
1985.
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