HomeMy WebLinkAbout130-90 RESOLUTION•
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RESOLUTION :NO _ :130-90"
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A RESOLUTION AUTHORIZING A CONTRACT WITH
•,t4CCLELLAND CONSULTING•ENGINEERS FOR THE HYLAND
,PARK/MT.;SEQUOYAH WATERtSYSTEM'IMPROVEMENTS.
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BE IT »RESOLVED tBY E BOARD OF,DIRECTORS OF THE CITY OF
FAYETTEVILLE;'ARKANSASc�1,* NE
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Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a contract in the amount of
$79.400 for the Hyland Park/Mt. Sequoyah water system improvements
buageted in the 1990 CIP Program to McClelland Consulting
Engineers. 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 August , 1990.
s'
eATTEST
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By:
City "t1{:rk
APPROVED:
By:
Mayor
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611
HYLAND PARK/MT. SEQUOYAH WATER IMPROVEMENTS ,
AGREEMENT TO FURNISH WATER SYSTEM ENGINEERING
SERVICES. TO•THE CITY OF FAYETTEVILLE;;ARKANSAS
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This Agreement ismade this (4.:04 day of &Lw, 1990,
between the firm of McClelland Consulting Engineers, hefi'einafter 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.
ARTICLE 1
The Owner has selected the ENGINEER to provide certain Water System
Engineering services to the OWNER.
The services provided by the ENGINEER are to include the development of
designs, plans, drawings, cost estimates, specifications, bid
solicitation, and construction observation/administration as required to
construct the water system improvements described hereinafter. The
services also include surveys, investigations, and preparation of easement
documents in support of design activities.
The ENGINEER shall provide two (2) separate sets of construction documents
(Contract Section I: Tank Improvements; Contract Section II: Lines and
Pump Station Improvements).
Scope of' Work for the ENGINEER will consist of:
1.1 Design and construction phase services for an elevated storage tank
on City -owned property off Canterbury Drive in the Hyland Park, Phase
II subdivision. This tank has been tentatively sized at 400,000
gallon capacity, but an alternative bid is to be solicited for a
smaller tank if this becomes necessary to stay within budgeting
limits. A detailed geotechnical investigation at the designated tank
site is to be included.
1.2 Design and construction phase services for approximately 3,450 LF of
water line to supplement the interconnection between the Hyland Park
and Mt. Sequoyah areas. The base bid for the construction project
will include a six-inch (6") water line; however, the ENGINEER will
solicit an alternative bid for an eight -inch (8") water line, with
the 8" pipe material to be provided by the City. The City can then
decide which it can afford to construct. This work is to include the
surveying, drafting and clerical tasks necessary to provide the City
with documents to be utilized in procuring easements.
EXHIBIT A
1.3 Design and construction phase services for refurbishing the
Hyland Park Pump Station. Pumps/motors are essentially "worn
out" and should be replaced with similar equipment which will be
effective when operated in conjunction with the new
improvements. A pump control system based on the new Hyland
Park tank will be included
1.4 Design and construction phase services for replacing the Mt. Sequoyah
Pump Station (near Summit Drive). This station currently lacks
sufficient net positive suction head to allow it to operate as
effectively as needed, thus relocation of the facility is required.
The pump will be controlled basedon the water level in the existing
Mt.':Sequoyah tank. A.geotechnical investigation: of the proposed site
for.construction is to be included.
It is specifically noted that the ENGINEER will provide only those field
surveys required by him to complete his design. The required construction
layout surveys are to be provided by the Construction Contractor, working
from baselines/benchmarks provided by the ENGINEER.
ARTICLE 2
The compensation for services to be provided will be as follows:
2.1 For design and construction phase services, a lump sum fee of
$71,800.
2.2 For geotechnical investigative work, a lump sum of $3,000 for the
tank site plus $600 for the Mt. Sequoyah Pump Station site.
2.3 For providing easement information per the City's adopted guidelines,
a fee of $150 for each separate parcel. Tract drawings of individual
parcels, showing key landmarks, will be provided for a fee of $115
per parcel.
(not to exceed $4,000.00)
ARTICLE 3
The ENGINEER shall endeavor to provide design phase serviceswithin sixty
(60) days of receipt of a Notice to Proceed. Subsequent phases of work
will be scheduled in accordance with OWNER and construction Contractor -
based schedules.
ARTICLE 4
Payments to the ENGINEER for services provided as generally described in
Article 1 are to be made within 30 days after date of billing. The amount
due will be for services rendered during the previous month.
ARTICLE 5
It is further mutually agreed by the parties hereto:
5.1 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.
5.2 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.
5.3 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 he can not warrant that the project
construction costs will not vary from his cost estimates.
5.4 That, salary cost is defined as the cost of salaries of engineers,
draftsmen, stenographers, surveyors, clerks, laborers, etc. for time
directly chargeable to the project, plus Social Security
contributions, employment compensation insurance, payroll taxes,
-retirement benefits, medical and insurance benefits, sick leave,
vacation, bonus, and holiday pay.
` , ' 5.5 „ That, .the reimbursable expenses ,.for which the Engineer will be
reimbursed shall include travel expenses when traveling outside
Northwest Arkansas in connection with the project, rental expenses
for special equipment needed•for completion of the work, purchase of
material, and other expenses directly attributable to theproject,
including any work performed by subcontractors.
5.6 That, in soils investigation work and in determining subsurface
conditions for the Project, the characteristics may vary greatly
between successive test points, and sample intervals. The ENGINEER
will perform this work in accordance with generally accepted soils
engineering practices and makes no other warranties, expressed or
implied, as to the professional advice provided under the terms of
this Agreement.
5.7 That, the ENGINEER shall maintain a level of competency presently
maintained by other practicing professional engineers in the same
type of work in the middle southwestern United States, for the
professional and technical soundness and accuracy of all designs,
drawings, specifications, and other work and materials furnished
under this Agreement.
5.8 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 executedtask orders, less payments of
compensation previously made.
5.9 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.
5.10 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 right-of-way as described by the
ENGINEER. All costs associated with securing the necessary land
interests, including easement preparation, surveys, appraisals, and
abstract work shall be borne by the OWNER.
5.11 That, all claims, counter -claims, disputes and other matters in
question between the OWNER and the ENGINEER arising out of or
relating to the 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.
5.12 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.
5.13 That, the OWNER shall pay for all legal, accounting, and insurance
counseling services for the Project, including a legal review of the
construction contract and auditing services as required by the OWNER.
5.14 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 full responsibility for all construction means,
methods, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the work under the
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construction contract(s) and for all safety precautions needed to
execute construction and inspection.
5.15 That, the ENGINEER shall provide,.on-site .observation personnel and
will make reasonable efforts'tofguard the OWNER against defects and
deficiencies in the:work,of_the contractor(s) and to help determine
if the constructiontcontradtlhas been fulfilled.
Their day-to-day-obserration 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.
5.16 That, the OWNER shall give prompt written notice to the ENGINEER
whenever the OWNER observes or otherwise becomes aware of any
development that affects the scope or scheduling of the ENGINEER's
work, or any defect in the Contractor's work.
5.17 That, the ENGINEER shall attend, in company with the OWNER, a final
inspection of the Project to check for compliance with design concept
and Contract Documents.
5.18 That, the ENGINEER will provide the OWNER with a set of reproducible
record drawings.
5.19 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.
5.20 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.
5.21 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 6
IN WITNESS WHEREOF, the parties hereto each herewith subscribe the same in
triplicate:
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
BY: •Zeeel
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AMENDMENT TO THE
1 1 -J -"
AGREEMENT FOR Engineering Contract
AMENDMENT # 1
This is an amendment to the Agreement for Engineering Services
executed on the 22nd day of August , 1990 between the City of
Fayetteville,,Arkansas and McClelland Consulting Engineers, for
MT. SEOUOYAH / HYLAND.PARK WATER SYSTEM IMPROVEMENTS
Additional services required due to contractor not finishing the
project on time. (liquidated damages are being charged)
The charge for the additional services shall not exceed
$3,400.12
CITY OF FAYETTEVILLE:
aNti
Mayor Date
Title
Date