HomeMy WebLinkAbout25-89 RESOLUTION•
RESOLUTION NO. 25-89
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT WITH McCLELLAND
CONSULTING ENGINEERS, INC. FOR ENGINEERING
SERVICES FOR WATERLINE REPLACEMENT PROJECTS.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. - That the Mayor and City Clerk are hereby
authorized and directed to execute a contract with McClelland
Consulting Engineers, Inc. for waterline replacement projects. A
copy of the contract authorized for execution hereby is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 21st day of March , 1989.
ATTEST
By:
erk
APPROVED
By:
Mayor
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AGREEMENT TO FURNISH ENGINEERING
SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS
FOR WATER LINE REPLACEMENT PER RFP NO. 89-3
Basic Agreement
This Agreement made this c:?•3kri day of 19$? , between the
firm of McClelland Consulting engineers, Inc., ereinafter referred to as
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, having requested proposals from consulting engineering firms
for providing engineering services to replace certain existing water lines
and after having reviewed the submitted proposals has selected the
ENGINEER to provide the necessary services to design and observe
construction of the project to serve the City of Fayetteville. These
services, when requested by the OWNER, will be described in specific
Task Orders which become a part of this Agreement upon execution. The
ENGINEER agrees to perform the services described in the Task Orders
after execution by both parties to the Agreement.
The services provided by the ENGINEER are anticipated to include Design
Services (Task Order 1), Bid Phase Services (Task Order 2), and Ser-
vices During Construction (Task Order 3).
Services to be provided under Task Order 1 shall include:
1. Field surveys as required for preparation of Plans and
Detailed Specifications of proposed new facilities.
2. Preparation of Plans and Detailed Specifications for facilities
required.
3. Prepare cost estimate of proposed facilities.
4. Preparation of easements and easement plats when
necessary.
5. Submission of Plans and Detailed Specifications to the Health
Department.
V� ce�S eZ 5-- cP-%`_
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Services to be provided under Task Order 2 shall include:
1. Bid advertising and sale of Plans and Specifications at
the ENGINEER'S cost.
2. Bid evaluation/recommendations.
Services to be provided under Task Order 3 shall include:
1. Pre -construction meeting assistance
2. Observation of Construction for Compliance with Plans and
Detailed Specifications
3. Review of Shop Drawings
4. Preparation of Change Orders
5. Preparation of Monthly Pay Estimates for Work Completed
6. Preparation of Record Drawings
7. Final Review of Work and Recommendations for Acceptance.
ARTICLE 2
The compensation for services to be provided will be specified in each
Task Order.
ARTICLE 3
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, unless prescribed
differently in the Task Order.
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.
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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.
4.3 That, the estimates of cost for the Projects provided for herein are to
be prepared by the ENGINEER through exercise of his experience and
judgement in applying presently available cost data, but it is
recognized that the ENGINEER has no control over cost of labor and
materials conditions, so that he cannot warrant that the project
construction costs will not vary from his cost estimates.
4.4 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.
4.5 Either party may terminate this Agreement 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 specified in the executed task orders as the
services actually performed bear to the total services of the
ENGINEER covered by the executed task orders, less payments of
compensation previously made.
4.6 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, which are mutually agreed upon by and
between the OWNER and the ENGINEER, shall be incorporated in
written amendments to this Agreement.
4.7 That, the OWNER, shall pay for all costs of publishing advertisements
for bids and for obtaining permits and licenses that may be required
by local, State, or Federal authorities and shall secure the necessary
land, easements and rights-of-way.
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
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OWNER shall pay the ENGINEER for services rendered in regard to
such legal or other controversy, on a basis to be negotiated.
4.10 That, visits to the construction site and observations made by the
ENGINEER as part of his services shall not relieve the construction
contractor(s) of his obligation to conduct comprehensive inspections of
the work sufficient to ensure conformance with the intent of the
Contract Documents, and shall not relieve the construction
contractor(s) of his hill responsibility for all construction means,
methods, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the work under the
construction contract(s) and for all safety precautions incidental
thereto.
4.11 That, the ENGINEER shall provide on-site personnel and will make
reasonable efforts to guard the OWNER against defects and
deficiencies in the work of the contractor(s) and to help determine if
the construction contract has been fulfilled. Their day-to-day
observation of work will not, however, cause the ENGINEER to be
responsible for those duties and responsibilities which belong to the
construction contractor(s) and which include, but are not limited to,
full responsibility for the techniques and sequences of construction
and the safety precautions incidental thereto, and for performing the
construction work in accordance with the Contract Documents.
9.12 That the ENGINEER has the right to subcontract services, however
the OWNER has the right to reject Subcontractors who perform work
on the project in excess of $5,000.
4.13 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.
4.14 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.
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ARTICLE 5
IN WITNESS WHEREOF, the parties hereto each herewith subscribe the
same in triplicate.
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
� /// /
BY: (t/C�lar�
(Name)
FOR McCLELL
By:
ND CONSU
r.
/ "Title)
NG ENGINEERS,``INC.
V P -
(Title)
Id( , 192
: 1
Dated this l day of
ATTEST:
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TASK ORDER NO. 1
DESIGN OF WATER LINE REPLACEMENTS
This Task Order is hereby made a part of the Basic Agreement executed
a3 , 1989, between McCLELLAND CONSULTING
ENGINEERS, NC. (ENGINEER) and the CITY OF FAYETTEVILLE,
ARKANSAS (OWNER) in accordance with the provisions of that Agreement.
ARTICLE 1
The City of Fayetteville has indicated its readiness to replace existing
water lines and appurtenances as noted on Exhibit A of this Task Order.
Water line replacements are expected to consist of the following,
approximately:
Approximate
Location Size Length
Mt. Comfort Road 8" 2,000'
Addington Avenue 6" 400'
Rose Hill Addition 2" 3,000'
Rose Hill Addition 6" 6,500'
Services to be provided under Task Order 1 shall include:
1. Field surveys as required for preparation of Plans and
Detailed Specifications of proposed new facilities.
2. Preparation of Plans and Detailed Specifications for facilities
required.
3. Prepare cost estimate of proposed facilities.
4. Preparation of easements and easement plots when
necessary.
5. Submission of Plans and Detailed Specifications to the Health
Department
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ARTICLE 2
Compensation for services to be provided in Article 1 under Item Nos. 1,
2, 3, and 5 is to be a lump sum of $6,060.
Compensation for services to be provided in Article 1 under Item No. 4 is
to be based upon the Hourly Rate Schedule attached as Exhibit B of this
Task Order.
ARTICLE 4
The Engineer will endeavor to submit the construction documents for the
Owner's and State Agencies' reviews within seven (7) weeks of the
Owner's Notice to Proceed.
ARTICLE 5
IN WITNESS, WHEREOF, the parties hereto each herewith subscribe the
same in triplicate.
FOR THE
/CITY OF FAYETTEVILLE, ARKANSAS
By: IJ�
( amed 7n47 -,:n7 71%,L.
1
Dated this 734
day of
1989
FOR McCLELL ND CONSULTING ENGINEERS, INC.
By
niv.
•
\\lfrtitAA/V\ AYI
Dated this 1 day ofldi , 1989
ATTEST:
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UNIVERSITY .
ARKANSAS
b a
PROPERTY V w s
Proposed W/L Replacementc
Approx. 400' of 6" LHENDRIX
Proposed W/L Replacement
Approx. 2000' of 8"
2%4
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HOLLY ST I
toml%
61 HOLLY ST
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mans
J4MES $T.
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HAZE L
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PA
W
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1 Proposed W/L Replacements
Approx. 6500' of 6"
BERRY
Ir
PF
CLEVELAND
DOUGLAS ST.
II MAPLE ST.
Tie .Exist Fire Hydrants
To Exist 6" Waterlines
University -Owned Lines Not Shown
1"=500'
r
1
ROSE HILL ADDITION
EXHIBIT A 2 • ��
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HOURLY RATE SCHEDULE
Staff Position: $/Hr.
Principal 70
Senior Engineer 60
Staff Engineer 40
Construction Observer 25
Chief Draftsman 40
Senior Draftsman 30
Junior Draftsman 20
Survey Crew 50
Clerical Support 20
EXHIBIT B
MC[I011ana
est o rve Consulting
Engineers
Incorooratea
Fa)erleville, Arkansas
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TASK ORDER NO. 2
ENGINEERING SERVICES
DURING BID PHASE
FOR
WATER LINE REPLACEMENTS
This Task Order is hereby made a part of the Basic Agreement executed
between McCLELLAND CONSULTING ENGINEERS, INC. (ENGIBLEER) ,and
the CITY OF FAYETTEVILLE (OWNER) on the a3rnf day of
1989.
ARTICLE 1
In order to assist the OWNER during the Bid Phase of the recommended
improvements generally described in Task Order No. 1, the ENGINEER will
complete the following tasks under Task Order No. 2:
o Bid advertising and sale of Plans and Specifications at the
ENGINEER'S cost
o Bid evaluation and recommendations.
ARTICLE 2
The compensation for services to be provided in Article 1 is to be a lump
sum of $485.00.
ARTICLE 4
Compensation set forth hereinbefore in Article 2 is based upon a
bidding period of 30 calendar days.
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ARTICLE 5
IN WITNESS WHEREOF, the parties hereto subscribe the same in triplicate.
ATTEST:
FOR THE CITY OF FAYETTEVILLE
By:
(
diedriU
ame)
Dated this
AT ST:
day of (tid% , 1989.
FOR MCCLELL7. D NS ING ENGINEERS, INC.
GwwN\ , V r
(Title)
By:
Dated this ` day of GV (4 , 1989.
9,lrrGs�
TASK ORDER NO. 3
ENGINEERING SERVICES
DURING CONSTRUCTION
FOR
WATER LINE REPLACEMENTS
This Task Order is hereby made a part of the Basic Agreement executed
between McCLELLAND CONSULTING ENGINEERS, INC. ()ENGINEER)
and the 2ITY OF FAYETTEVILLE (OWNER) on the 47,34 day of
��/'ipkt , 1989.
ARTICLE 1
In order to assist the OWNER during the Bid Phase of the recommended
improvements generally described in Task Order No. 1, the ENGINEER will
complete the following tasks under Task Order No. 3:
1. Pre -construction meeting assistance.
2. Observation of construction for compliance with Plans and
Detailed Specifications.
3. Review of Shop Drawings.
4. Preparation of Change Orders.
5. Preparation of Monthly Pay Estimates for work completed.
6. Final review of work and recommendations for acceptance.
7. Preparation of Record Drawings.
ARTICLE 2
The compensation for services to be provided in Article 1 under Item Nos.
1 through 6 is to be a lump sum of $8,115.00.
The compensation for services to be provided in Article 1 for Item No. 7 is
to be a lump sum of $210.00.
ARTICLE 4
Compensation set forth hereinbefore in Article 2 is based upon a
construction period of 60 calendar days. In order to meet this con-
struction time limitation the ENGINEER will specify that the Contractor
operate two (2) separate construction crews simultaneously.
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ARTICLE 5
IN WITNESS WHEREOF, the parties hereto subscribe the same in triplicate.
FOR THE CITY OF FAYETTEVILLE
By
��A•
g/V /Y�Gfn/ 77
ame)
y(/
Dated thisnrid
day of
ATTEST:
ATTEST:
e)
, 1989.
FOR McCLEI,I,A$D C(-ISU4y G ENGINEERS, INC.
By:
Dated this
�iULCGGaz ae zzol L/L
day of
(Titl'e)
C \ , 1989.
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AMENDMENT NO. 1
TO
TASK ORDER NO. 3
ENGINEERING SERVICES
DURING CONSTRUCTION
FOR
WATER LINE REPLACEMENTS
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This Amendment is hereby made a part of Task Order No. 3 to the
Basic Agreement between McClelland Consulting Engineers, Inc.
(ENGINEER) and the City of Fayetteville, (OWNER), dated March 23,
1989.
ARTICLE 1
The scope of services required is expanded for work item No. 2
(construction observation), No. 4 (preparation of change orders),
and No. 5 (preparation of Monthly Pay Estimates) as necessary to
administer the Project for an additional construction period of 75
calendar days beyond the 60 calendar days listed in Task Order No.
3.
ARTICLE 2
The additional compensation to be paid to the ENGINEER for this
expanded work scope is to be $10,135 lump sum, billable as the work
is performed.
ARTICLE 5
IN WITNESS WHEREOF, the parties hereto subscribe the same in
triplicate.
ATTEST:
FOR THE CI OF FAYETTEVILLE
By: .e�,�CGs�T/�
(Name)
le)
Dated this 6th day of November , 1990.
ATTEST:r)abt/
IJC
FOR MCCLELLAN. CONSULTI
By: C
(
Dated this
NGINEERS, INC.
f'•
(Title)
1990.
day of