HomeMy WebLinkAbout52-86 RESOLUTIONRESOLUTICN NO. 52-86
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AMENDMENT TO THE CITY S AGREEMENT --
WITH MCCLELLAND CONSULTING ENGINEERS, INC. FOR A
ADDITIONAL ARCHEOLOGICAL SURVEY WORK.
BE IT RESOLVED BY THE BOARD OF DIRECIORS OFTHE CITYOF FAYETrEVILLE,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute an amendment to the City's agreement. with McClelland Consulting
Engineers, Inc. archeological survey work, at an estimated cost of
approximately -6870,000.00. •stik copy of the amendment authorized for
execution hereby is attached hereto marked Exhibit "A" and made a
part hereof.
PASSED AND APPROVED this
ATTEST„,..
, t -M.
6th- day of
, 1986.
AGREEMENT TO FURNISH ENGINEERING
SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS
This Agreement made this day of ASL. 19% between the
firm of McClelland Consultin Engineers, Inc., e inafter referred to as
t neer
gr
the ENGINEER, and the City of Fayetteville, Arkansas, hereinafter
referred to as the OWNER, wherein the ENGINEER agrees to provide
certain engineering services as defined in Article 1 and for the
consideration defined in Article 2 herein.
ARTICLE 1
The OWNER has selected the ENGINEER to provide the necessary
engineering services to administer the completion of archeological
investigations at the OWNER'S proposed Sludge Management Site.
The services to be provided shall be:
o Preliminary investigations,
o Detailed follow-up investigation, if required.
Work shall be performed under individual task orders to be executed as
necessary.
•
ARTICLE 2
•
The compensation for the services to be provided will be as detailed in
individual task orders.
ARTICLE 3 k
•
•
Payment to the ENGINEER for services provided as described in Article 1
is to be made within- 30 days after date of billing, the amount due will be
for services rendered during the previous month.
ARTICLE 4
It is further mutually agreed by the parties hereto:
4.1 That the OWNER will designate a representative to direct and
coordinate the ENGINEER's efforts who will be the only source of
instructions to the ENGINEER and who shall have the authority to
interpret the OWNER's policy as necessary to maintain the
ENGINEER's work schedule, administer the Agreement, and certify the
ENGINEER's payment request.
4.2 That the OWNER shall make available to the ENGINEER all technical
data in the OWNER's possession, including maps, surveys, borings,
and other information required by the ENGINEER and relating to his
work. Furthermore; the OWNER shall hold the ENGINEER harmless
for any errors in or omissions from plans arid specifications that may
have been previously prepared for this Pro)ect by others.
•
4.3 That the ENGINEER'S Salary Overheads are defined as 1.44 percent
of wages or salaries of employee working and premiums measured by
or applicable at the time of performance to such wages or salaries,
such as, but not limited to, Worker's, Compensationi Insurance, Social
Security; State and Federal unemployment insurarice, medical -hospital
insurance, pension plan costs, and pro rata allowances for vacation,
sick pay, and holiday pay. Direct Salary plus Salary Overhead is
defined as Payroll Cost.
4.4 That the ENGINEER's direct expenses are defined as the costs
incurred on or directly for the Project, •other than the Salary and
General Overhead Costs (as defined hereinbefore). Such direct
expenses shall be computed on the basis of actual purchase price for
items obtained from commercial sources and on the basis of usual
commercial charges for items provided by the ENGINEER. Direct
expenses shall include, but not be limited to, necessary
transportation costs, including mileage at the rate of 250 per mile
when the ENGINEER's own automobiles are used, meals, and lodging,
subcontractors, laboratory test and analyses, computer services, word
processing services, telephone, printing and binding charges.
4.5 That the ENGINEER shall maintain a level of competency presently
maintained by other practicing professional engineers in the same type
of work for the professional and technical soundness and accuracy of
all designs, drawings, specifications, and other work and materials
furnished under this Agreement.
4.6 Either party may terminate this Agreement at any time by a notice in
writing to the other party. If the Agreement is terminated as
provided herein, the ENGINEER will be paid for services actually
performed; the amount of said payment shall bear the same ratio to
the total compensation as the services actually performed bear to the
total services of the ENGINEER, less payments of compensation
previously made.
4.7 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 comrpensation, which are mutually agreed upon by and
between the OWNER and the ENGINEER, shall be incorporated in
written amendments to this Agreement.
4.8 That all claims, counter -claims, disputes and other matters in
question between the OWNER and the ENGINEER arising out of or
relating to this Agreement or in the breach thereof will be decided by
arbitration only if both parties hereto specifically agree to the use of
arbitration in regard to the individual matter in dispute.
4.9 That, in the event of any legal or other controversy requiring the
services of the ENGINEER in providing expert testimony in connection
with the Project, except suits or claims by third parties against the
OWNER arising out of errors or omissions of the ENGINEER, the
OWNER shall pay the ENGINEER for services rendered in regard to
such legal or other controversy, on a basis to be negotiated.
4.10 All documents including drawings, specifications, estimates, field
notes and other data pertaining to the work or to the project shall
become the property of the OWNER. The OWNER shall not be
restricted in the subsequent use of the design, design documents or
ideas incorporated in the work. However, the ENGINEER shall bear
no responsibility for such reuse of the design unless specifically
agreed to in writing.
4.11 That this Agreement is to be binding on the heirs, successors, and
assigns of the parties hereto and is not to be assigned by either
party without first obtaining the written consent of the other.
ARTICLE 5
IN WITNESS WHEREOF, the parties hereto each herewith subscribe the
same in triplicate.
ATTEST:
frfre
FORgapTEVILLE, Arco/
By
(Name) ( le)
FOR McCLELLAND CONSULTING ENGINEERS, INC.
By:
144?
(Title)
Dated this day of , 19
•
4
TASK ORDER NUMBER 1
PRELIMINARY ARCHEOLOGICAL INVESTIGATIONS
Task Order Number 1 amends the Basic Agreement executed between
McClelland Consulting Engineers, Inc. (ENGINEER), and the City of
Fayettevfile, Arkansas (OWNER), on the 46C day of
1986.
ARTICLE 1
The scope of work is to provide the necessary professional services to
complete preliminary archeological investigations on Site 3RA58 located on
the OWNER's sludge management site. The specific services to be
provided include:
1. Stake -out the centerline of any pipelines that pass through
the site.
2. Establish the impact area of construction for the above
pipelines.
3. Complete a Controlled Surface Collection in the impact area.
4. Excavate six one meter square units in the impact area to a
depth below the bottom of the trench for any pipelines.
1 A
5. Dig a backhoe trench down •the centerline of each pipeline
as if the pipeline were being constructed. This digging
will proceed slowly, with investigations occurring as the
digging proceeds. • • •
6. Complete a detailed report of findings and make
recommendations.
ARTICLE 2
As consideration for providing the services enumerated in Article 1 above,
the OWNER shall pay the ENGINEER on the basis of raw labor plus 1.44%
for overhead plus 15% for profit plus all project related expenses,
including subcontractor costs. The cost shall not exceed $11,985 unless
an increase is authorized by the City in writing.
ARTICLE 5
IN WITNESS WHEREOF, the parties hereto each herewith subscribe the
same in triplicate.
FOR
YEITTEVJLLE. .ARKANSAS
ATTEST:
c,.
(Name) itle
grikeziL
FOR McCLELLAND CONSULTING ENGINEERS, INC.
KP,
(Title)
Dated this day of , 19
TASK ORDER NUMBER 2
DETAILED ARCHEOLOGICAL INVESTIGATIONS
Task Order Number 2 amends the Basic Agreement executed between
McClelland Consulting Engineers, Inc. (ENGINEER), and the City of
Fayette e, Arkansas (OWNER), on the day of
1986.
ARTICLE 1
The scope of work is to provide the necessary professional services to
complete detailed archeological investigations on Site 3RA58 located on the
OWNER's sludge management site. The specific services to be provided
include:
1. Complete a detailed archeological excavation along the
centerline of the main sludge and treated wastewater
pipelines to the sludge management site through Site 3RA58.
2. Complete a detailed report of findings and make
recommendations.
ARTICLE 2
As consideration for providing the services enumerated in Article 1 above,
the OWNER shall pay the ENGINEER on the basis of raw labor plus 1.44%
for overhead plus 15% for profit plus all project related expenses,
including subcontractor costs. The cost shall not exceed $70,000 unless
an increase is authorized by the City in writing.
ARTICLE 5
IN WITNESS WHEREOF, the parties
same in triplicate.
ATTEST:
hereto each herewith subscribe the
FORTA, CITY YETTEVILLE, ARKANSAS
BY
(J444 ard.a9 • /2-Leei
Name) y effied)
2i7c..14410.3/46
soi
ATTEST
cd . i
ea.
eide6ui
FOR McCLELLAND CONSULTING
By:
(Name) (Title)
ENGINEERS, INC.
• Dated this day Of
•
•
,19