HomeMy WebLinkAbout176-90 RESOLUTION•
RESOLUTION NO.
1,76-90
A RESOLUTION AUTHORIZING PHASE I OF THE
ENGINEERING CONTRACT FOR THE CEDARWOOD
ADDITION DRAINAGE IMPROVEMENTS PROJECT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor
authorized and directed to execute
contract with ETC Engineers, for the
Improvements Project in an amount not
of the Phase I contract authorized for
hereto marked'Exhibit "A" and made a
and City Clerk are hereby
Phase I of the engineering
Cedarwood Addition Drainage
to ekceed $8,500.00. A copy
execution hereby is attached
part hereof.
PASSED AND APPROVED this 6th day of November , 1990.
ATTEST:
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, 'City Clark,§7
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APPROVED:
By: //a9r754
Mayor
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STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of
1.'obetween City of Fayetteville, Arkansas, (OWNER and ETC Engineers, Inc.,
1510 South Broadway, Little Rock, AR 72202, (ENGINEER). OWNER intends to
study, design and construct various drainage improvement projects including master
drainage plans within the City of Fayetteville, (Hereinafter called the Project). City
will award work under this contract on a work order basis.
Cirek's Copy
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 professional 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.
1.1.1. ENGINEER shall perform professional services as hereinafter
stated which include customary civil, structural, mechanical and electrical
engineering design services and customary architectural services
incidental thereto.
1.2. Study and Report Phase.
After written authorization. to proceed, ENGINEER shall:
1.2.1. Consult with OWNER to clarify and define OWNER's requirements
for the Project and review available data.
1.2.2. Advise OWNER as the necessity of OWNER's providing or obtaining
from others data or services of the types described in paragraph 3.3, and act
as OWNER's representative in connection with any such services.
1.2.3. Provide analyses of OWNER'sI needs, planning surveys, site
evaluations and comparative studies of prospective sites and solutions.
12.4. Provide a general economic analysis of OWNER's requirements
applicable to various alternatives.
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1.2.5. Prepare a Report containing schematic layouts, sketches and
conceptual design criteria with appropriate exhibits to indicate clearly the
considerations involved and the alternative solutions available to OWNER
and setting forth ENGINEER's findings and recommendations with opinions
of probable costs for the Project, including. Construction Cost, contingencies,
allowances for the cost of land and rights-of-way, compensation for or
damages to properties and interest and financing charges (all of which are
hereinafter called "Project Costs").
1.2.6. Furnish five copies of the Report and present and review it in person
with the OWNER.
The duties and responsibilities of ENGINEER during the Study and Report
Phase are amended and supplementedas indicated in paragraph 2 of Exhibit
A "Further Description of Basic Engineering Services and Related Matters".
1.3. Preliminary Design Phase.
After written or verbal authorization to proceed with the Preliminary Design
Phase, ENGINEER shall.
1.3.1. In consultation with OWNER and on the basis of the accepted
Report, determine if any changes in the onginal concept is necessary.
1.3.2. Prepare preliminary design documents consisting of final design
criteria, preliminary drawings and outline specifications for equipments.
1.3.3. Based on the information contained in the preliminary design
documents, submit a revised opinion of probable Project Costs.
1.3.4. Furnish one set of the above preliminary design documents to the
OWNER for their review.
1.4. Final Design Phase.
After written or verbal authorization to proceed with the Final Design Phase,
ENGINEER shall:
1.4.1. On the basis of the accepted preliminary design documents and the
revised opinion of probable Project Cost, prepare for incorporation in the
Contract Documents final drawings to show the character and extent of
the Project (hereinafter called "Drawings").
1.4.2. Furnish to OWNER such documents and design data as may be
required for, and assist in the preparation of, the required documents so
that OWNER may apply for approvals of financial institutions and/or
such governmental authorities as have jurisdiction over construction and
licensing of 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 and furnish a revised opinion of probable
Project Cost based on the Drawings and Specifications if requested by the
owner.
1.4.4. If requested assist the OWNER in reviewing and approvuT contract
agreement forms, general conditions and supplementary conditions, bid
forms, invitations to bid and instructions ; to bidders, and assist in the
preparation of other related documents relating to construction of
building and related facilities.
1.4.5. Furnish one set of the above documents for the OWNERS review.
1.5 Bidding and Preconstruction Phase
1.5.1 Prepare and distribute advertisement for bids, communicate with
bidders as required and provide technical. interpretation of the plans and
specifications.
1.5.2 Conduct a prebid conference to provide information to all bidders.
15 3 Prepare addenda as required.
15 4 Attend the bid opening, tabulate bids, provide an engineering analysis
of the bids received.
1.5.5 Assist in the preparation of contract documents and in the award of
contract.
1.6 Construction Phase
During Construction Phase Engineer shall:
1.6.1 Consult with and advise OWNER and act as his representative as
provided in Articles 1 through 17 inclusive of the Standard General
Conditions of the Construction Contract No. 1910-8, (1978 edition). The
extent and limitations of the duties, responsibilities and authority of
ENGINEER as assigned in said Standard General Conditions shall not be
modified, except as ENGINEER mayotherwise agree in writing. All of
OWNER'S instructions to Contractor(s) will be issued through ENGINEER
who will have authority to act on behalf of OWNER to the extent provided in
said Standard General Conditions except as otherwise provided in writing.
1.6.2. Furnish the services of a Resident Project Inspector for on-site
observation or construction. The authority and duties of such Resident
Project Representative will be mutually agreed. upon at the beginning of the
construction phase.
1.6.3. Make visits to the site at intervals appropriate to the various stages of
construction to observe as an experienced and qualified design professional
the progress and quality of the executed work of Contractor(s) and to
determine in general if such work is proceeding in accordance with the
Contract Documents. ENGINEER shall not be required to make exhaustive
or continuous on-site inspections to check the quality or quantity of such
work. ENGINEER shall not be responsible for the means, methods,
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techniques, sequences or procedures of construction selected by
Contractor(s) or the safety precautions and programs incident to the work of
Contractor(s). ENGINEER's efforts will: be directed toward providing a
greater degree of confidence for OWNER that the completed work of
Contractor(s) will conform to the Contract Documents, but ENGINEER
shall not be responsible for the failure of Contractor(s) to perform the work
in accordance with the Contract Documents. During such visits and on the
basis of on-site observations ENGINEER shall keep OWNER informed of
the progress of the work, shall endeavor to guard OWNER against defects
and deficiencies in such work and may disapprove or reject work failing to
conform to the Contract Documents.
1.6.4. Review and approve (or take otherappropriate action in respect of)
Shop Drawings (as that term is defined in the aforesaid Standard General
Conditions) and samples, the results of tests and inspections and other data
which each Contractor is required to submit, but only for conformance with
the design concept of the Project and compliance with the information given
in the Contract Documents (but such review and approval or other action
shall not extend to means, methods, sequences, techniques or procedures of
construction or to safety precautions and programs incident thereto);
determine the acceptability of substitute materials and equipment proposed
by Contractor(s); and receive and review (for general content as required by
the Specifications) maintenance and operating instructions, schedules,
guarantees, bonds and certificates of inspection which are to be assembled by
Contractor(s) in accordance with the Contract Documents.
1.6.5. Issue all instructions of OWNER to Contractor(s); issue necessary
interpretations and clarifications of the Contract Documents and in
connection therewith prepare change orders as required, have authority, as
OWNER's representative, to require special inspection of testing of work;
act as initial interpreter of the requirements of the Contract Documents and
judge of the acceptability of the work thereunder and make decisions on all
claims of OWNER and Contractor(s) relating to the acceptability of the
work or the interpretation of the requirements of the Contract Documents
pertaining to the execution and progress of the work; but ENGINEER shall
not be liable for the results of any such interpretations or decisions rendered
by him in good faith.
1.6.6. Based on ENGINEER's on-site observations as an experienced and
qualified design professional and on review of applications for payment and
the accompanying data and schedules, determine the amounts owing to
Contractor(s) and recommend in writing payments to Contractor(s) in such
amounts; such recommendations of payment will constitute a representation
to OWNER, based on such observations and review, that the work has
progressed to the point indicated, that,: to the best of ENGINEER's
knowledge, information and belief, the quality of such work is in accordance
with the Contract Documents (subject to an evaluation of such work as a
functioning Project upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents, and to any
qualifications stated in his recommendation), and that payment of the
amount recommended is due Contractor(s); but by recommending any
payment ENGINEER will not thereby be deemed to have represented that
continuous or exhaustive examinations have been made by ENGINEER to
check the quality or quantity of the work or to review the means, methods,
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sequences, techniques or procedures of construction or safety precautions or
programs incident thereto or that ENGINEER has made an examination to
ascertain how or for what purposes any Contractor has used the moneys paid
on account of the Contract Price, or that title to any of the work, materials or
equipment has passed to OWNER free and clear of any lien, claims, security
interests or encumbrances, or that Contractor(s) have completed their work
exactly in accordance with the Contract Documents.
1.6.7. Conduct an inspection to determine if the Project is substantially
complete and a final inspection to determine if the work as been completed
in accordance with the Contract Documents and if each Contractor has
fulfilled all of his obligations thereunder so that ENGINEER may
recommend, in writing, final payment to each Contractor or may give written
notice to OWNER and the Contractor(s) that the work is acceptable (subject
to any conditions therein expressed), but any such recommendation and
notice shall be subject to the limitations expressed in paragraph 1.6.5.
1.6.8. ENGINEER shall not be responsible for the acts or omissions of any
Contractor, or subcontractor, or any of the Contractor(s) or subcontractors'
agents or employees or any other persons (except ENGINEER's own
employees and agents) at the site or otherwise performing any of the
Contractor(s) work; however, nothing contained in paragraphs 16.1 thru
1.6.7, inclusive, shall be construed to release ENGINEER from liability for
failure to properly perform duties undertaken by him in the Contract
Documents
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. These will be paid for by OWNER as
indicated in Section 5.
2.1.1. Services to make other investiations or evaluations of existing
conditions or facilities, or to verity other existing problems and
develop solutions.
2.1.2. 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 cause beyond ENGINEER's control.
2.1.3. Providing renderings or models for OWNER's use.
2.1.4. Preparing documents for alternate bids requested by OWNER
for Contractor(s)' work which in not executed or documents for out -
of -sequence work.
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215 Additional or extended services during construction made
necessary by (1) work damage 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 sixty days, (4) acceleration of the progress
schedule involving services beyond normal working hours, and (5)
default by Contractor(s).
2.1.6. Additional services in connection with the Project, including
services normally furnished by OWNER and services to otherwise
provided for the Agreement
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall:
3.1. Provides 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 expendability, and any budgetary
limitations; and furnish copies of all design and construction standards which
OWNER will require to be included in tie 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. 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.
3.4. 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.
3.5. Furnish approvals and permits from all governmental authorities having
jurisdiction over the Projects and such approvals and consents from other as
may be necessary for completion of the Project.
3.6. Designate
nate in writing a person to act as OWNER's representative with
respect to the services to be renered under this Agreement. Such person shall
have complete authority to transmit instructions, receive information, interpret and
define OWNER's policies and decisions with respect to materials, equipment,
elements and system pertinent to ENGINEER's services.
3.7. 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).
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3.8. Furnish, or direct ENGINEER to provide,' necessary Additional Services as
stipulated in Section 2 of this Agreement or other'services as required.
3.9. 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
through completion of the Construction Phage. ENGINEER's obligation to
render services hereunder will extend for a period which may reasonably be
required for the design, award of contracts and construction of the project,
including extra work and required extensions thereto.
4.2. After acceptance by OWNER of the Preliminary Design Phase documents
and revised opinion of probable Project Cost, indicating any specific
modifications or chanes in the extent of the Project desired by OWNER, and
upon written authorization from OWNER, ENGINEER shall proceed with the
performance of the services called for in the Final Design Phase, and shall deliver
Documents and a revised opinion of probable Project Cost for all work of
Contractor(s) on the Project within the stipulated period indicated on project
schedule to be determined.
4.3. ENGINEER's services under the Preliminary Design Phase and Final
Design Phase shall each be considered complete at the earlier of (1) the date
when the submissions for that phase have been accepted by OWNER or (2)
thirty days after the date when such submissions are delivered to OWNER for final
acceptance, plus such additional time as may be considered reasonable for
obtaining approval of governmental authorities having jurisdiction over design
criteria applicable to the Project.
4.4. After acceptance by OWNER of the ENGINEER's Drawings, Specifications
and other Final Design Phase documentation including the most
redocumentation including the most recent opinion of probable Project Cost and
upon written authorization to proceed, ENGINEER shall proceed with
performance of the services called for in the Bidding or Negotiation Phase.
4.5. The Construction Phase will commence with the execution of the first prime
contract to be executed for the work of the Project or any part thereof, and will
terminate upon written approval by ENGINEER of final payment on the last prime
contract to be completed
4.6. If OWNER has requested significant modifications or changes in the extent
of the Project, the time of performance of ENGINEER's services and his
various rates of compensation shall be adjusted appropriately.
4.7. If OWNER fails to give prompt written authorization to proceed with any
phase of services after completion of theimmediately preceding phase, or if the
Construction Phase has not commenced within 90 calendar days (plus such
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additional time as may be required to complete the services called for under
paragraph 6.2.2.5) after completion of Final Design Phase, ENGINEER may, after
giving seven days' written notice to OWNER, suspend service under this
Agreement.
4.8. 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 the 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, the
various rates of compensation provided for elsewhere in this Agreement shall be
subject to renegotiation.
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 arofessional fee plus an amount equal
to Engieers direct labor cost times a factor of 1.4 for overhead. The budget
cost estimate is shown in Exhibit A.
5.1.2. Additional Services. OWNER shall pay ENGINEER for Additional
Services rendered under Section 2 as follows:
5.121. General. For Additional Service rendered under paragraphs
2.1.1 through 2.1.12, inclusive , (except services covered by
paragraph 2.17 and services as a consultant or witness under
paragraph 2.1.11), on the basis of Payroll Costs times a factor of
THREE POINT ZERO (3 0) for services rendered by principals and
employees assigned to the Project.
5.1.2.2. Special Consultants. For services and reimbursable
expenses of special consultants employed by ENGINEER pursuant to
paragraph 2.1.7 or 2.1.12, the amount billed to ENGINEER
therefor times a factor of ONE POINT FIVE (1.5)
5.1.2.3. 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 11, at the
rate of $150.0 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 5.1.2.1).
5.1.2.4. Resident Project Services. For resident services during
construction furnished under paragraph 2.2.1, on the basis of Direct
Labor Cost times a factor of 2.5 for services rendered by principals
and employees assigned to field offices in connection with resident
Project representation.
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5.1.3. For Reimbursable Expenses In addition to payments provided for
in paragraphs 5.1.1 and 5.1.2, OWNER shall pay ENGINEER the actual
costs of all Reimbursable Expenses incurred in connection with all Basic and
Additional Services.
5.1.4. The "Direct Labor Costs" and "Reimbursable Expenses" will have the
meaning assigned to them in paragraph 5.4.
5.1.5. The estimated total Engineering Cost ,wi11_be negotia£ed ' per=,.
work order assigned to the Engineer based on fees listed`
in Exhibit A. 1
5.2. Times of Payments.
5.2.1. ENGINEER shall submit monthly statements for Basic and
Additional Services rendered and for Reimbursable Expenses rendered
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 thereof, the amounts due ENGINEER shall include a charge at the rate
of 1% per month from said sixtieth day *but not to exceed the maximum
rate allowed by Arkansas law, 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.
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 In the event of such termination by OWNER
during any phase of the Basic Services, ENGINEER will be paid for
services rendered during that phase on the basis of Payroll Costs times a
factor of 2.5 for services rendered during that phase to date of
termination by principals and employees assigned to the Project. In the
event of any such termination, ENGINEER will be paid for all unpaid
Additional Services and unpaid Reimbursable Expenses, plus all
termination expenses. Termination expenses mean Reimbursable
Expenses directly attributable to termination, which shall include an
amount computed as a percentage of total compensation for Basic
Services earned by ENGINEER to the date of termination, as follows:
20% if termination occurs after commencement of the
Preliminary Design Phase but prior to commencement of the Final
Design Phase; or
10% if termination occurs after commencement of the Final Design
Phase.
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5.4. Definitions.
5.4.1. The Payroll Costs used as a basis for payment of mean salaries
and wages (basic and incentive) paid to all personnel engaged directly on
the Project, including, but not limited to, engineers, architects, surveyors,
designers, draftsmen, specification writers, estimators, other technical
personnel, stenographers, typists and clerks; plus the cost of customary and
statutory benefits including, but not limited to, social security contributions,
unemployment, excise an payroll taxes, workers' compensation, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto.
5.4.2. Reimbursable Expenses mean the actual expenses incurred directly
or indirectly in connection with the Project for: transportation and
subsistence incidental thereto; obtaining bids or proposals from
Contractor(s); furnishing and maintaining field office facilities; subsistence
and transportation of Resident Project Representatives and their
assistants; toll telephone calls and telegrams; reproduction of reports,
Drawings, Specifications, and similar Project -related items in addition to
those required under Section 1; and, if authorized in advance by OWNER,
overtime work requiring higher than regular rates. Reimbursable Expenses
shall include the amount billed to ENGINEER by special consultants
employed to ENGINEER (other than as an authorized Additional Service
under Section 2) for such consultants' services and Reimbursable Expenses
times a factor of 1.10; and shall also include expenses incurred for compute
time and other highly specialized equipment, including an appropriate charge
for previously established programs and expenses of photographic production
techniques times a factor of 2.5.
SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1. Construction Cost.
The construction cost of the entire Project (herein referred to as "Construction
Cost") means the total cost of the entire Project to OWNER, but it will not
include cost of infrastructure and buildings, the cost of land, rights-of-way, or
compensation for or damages to, properties , nor will it include OWNER's legal,
accounting, insurance counseling or audition services, or interest and financing
charges incurred in connection with the Project.
6.1.1. For completed construction work the total costs of all work performed
as designed or specified by ENGINEER.
6.1.2 For work designed or specified but no constructed, the lowest bona
fide bid received from a qualified bidder for such work; or, if the work is not
bid, the lowest bona fide negotiated proposal for such work.
6.1.3. For work designed or specified but not constructed upon which no
such bid or proposals is received the most recent estimate of Construction
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Cost, or, if none if available, ENGINEER'{ most recent opinion of probable
Construction Cost.
Labor furnished by OWNER for the Project will be included in the
Construction Cost at current market rates including a reasonable allowance
for overhead and profit. Materials and equipment furnished by OWNER
will be included at current market prices. No deduction is to be made from
ENGINEER's compensation on account of any penalty, liquidated damages,
or other amounts withheld from payments to Contract(s).
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 manufacturers'
venders' and 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, bid or actual Project or Construction Cost will not vary from
opinions of probable cost prepared by liim. If prior to the Bidding or
Negotiating Phase OWNER wishes greater assurance as to Projected
Construction Cost he shall employ ari independent cost estimator as
provided in paragraph 3.8.
6.2.2. If a Construction Cost limit is established by written agreement
between OWNER and ENGINEER, the following will apply:
6.2.2.1. The acceptance by OWNER at any time during the Basic
Services of a'revised opinion of probable Project or Construction
Cost in excess of the then established cost limit will constitute a
corresponding revision in the Construction Cost limit to the extent
indicated in such revised opinion. ,
6 2 2 2 Any Construction Cost lim t so established will include a
contingency of ten percent unless another amount is agreed upon in
writing.
6.2.2.3. ENGINEER will be permitted to determine what materials,
equipment, component systems and types of construction are to be
included in the Drawings and Specifications and to make reasonable
adjustments in the extent of the Project to bring it within the cost
limit.
6.2.2.4. If the Bidding or Negotiating Phase has not commenced
within six months after completion of the Final Design Phase, the
established Construction cost limit will not be binding on
ENGINEER, and OWNER shall consent to an adjustment in such
cost limit commensurate with any applicable change in the general
level of process in the construction industry between the date of
completion of the Final Design Phase and the date on which
proposals or bids are sought.
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6.2.2.5. If the lowest bona fide ?roposal or bid exceeds the established
Construction cost limit. OWNER shall (1) give written approval to
increase such cost limit, (2) authorize negotiating or rebidding the
Project within a reasonable time, or (3) cooperate in revising the
Project extent or quality In the case of (3), ENGINEER shall,
without . additional charge, modify the Contract Documents as
necessary to bring the Construction Cost within the cost limit. The
providing of such service will be the limit of ENGINEER's
responsibility in this regard and, having done so, ENGINEER shall be
entitled to payment for his services in accordance with this
Agreement.
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.
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 Projects 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 Any such verification or adaptation will entitle ENGINEER
to further compensation at rates to be agreed upon by OWNER and
ENGINEER.
7.3. Controlling Law.
This Agreement is to be governed by the law of the State of Arkansas
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.
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7.4.2. Neither OWNER nor ENGINEER shall assign, submit or transfer
any rights under or interest in (including, but without limitation, any
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 assign or 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.
SECTION 8 - SPECIAL PROVISIONS, EXHIBITS and SCHEDULES
8.1 This Agreement (consisting of pages 1 to ' 12, 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.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreements of the day aryl year first above written.
OWNyRGatc-- e /�1
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ENGINEER
E1VGINEER
Consulting Engineers
and Scientists
1510 SOUTH BROADWAY, LITTLE ROCK, ARKANSAS 72202, 501-375-1786
September 4, 1990
Mr. Sid Norbash
Assistant City -Engineer
-- - City -of Fayetteville
113 West Mountain Drive m
Fayetteville; AR7270T
Dear Mr. Cox:
As per your request we propose to render professional engineering services in connection
with Drainage Improvements - Cedarwood Addition; -Fayetteville, Arkansas -(hereinafter
called the "Project"). The City of Fayetteville=will.furnish us with -all information:as to. your
requirements- and any special or extraordinary.considerationsfor the -Project . -Also we -will
be provided with all existing data includint4as=built" drawings of: the subdivision, if
available.
Our services will consist of the following tasks:
Phase I
1) Develop a -complete understanding of -the current problerns-and-existing: drainage .-
patters. This will require some field data collection including field survey -to -prepare - -
a inventory of drainage structures.=t
sr -
2) Divide the entire subdivision into natural:drainage basins and develop a master
drainage concept plan for each of the basins t=
3) Get City's approval of the concept plan.
1
4) Perform drainage analysis of the critical basins, as instructed by. the City. Based on _
the analysis, develop preliminary design -documents for -he critical basins and/or all -------9:-±1
basins as per directions of the City
. ___
Phase II - —
9.1
5) After City selects and approves an acceptable alternative for drainage improvement,
__ _ - ETC will develop necessary- construction d'ocurnents for construction of- the
improvements and will provide -intermittent construction inspection services.
The City of Fayetteville will pay us for our Phase i se$nces on a time and cost basis with a
maximum set at $5,500 (EIGHT THOUSAND FIVE IHUNDRED-DOLLA —S): For 2nd
Phase -our -budget cost estimate is $10,000.00: This estiinateis-preliminary and will require
amendment prior to starting 2nd Phase. Our -services -will be charted on the basisofDirect
Labor Cost (Payroll Costs) times a factor of -2.4 plus a prefit: of 10%and:±Reimbursable
expenses.. -
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--Continued to page 2
7 ENVIRONMENTAL INDUSTRIAL 7 MUNICIPAL - WATER RESOURCES
':'1 STRUCTURAL 177,3 NON CUSTOMARY MATERIALS r7.51.UTILITY
!I SOLID WASTE Fl RESOURCE RECOVERY P171 HAZARDOUS WASTE
7 RESEARCH & DEVELOPMENT 71 FLUID MECHANICS '"1 AERODYNAMICS
We will start our services promptly after the receipt of your acceptance of this proposal and
will complete our services within the City's stipulated schedule.
This proposal:represents the entire`.understandmg.between the °City ..and ETC Engineers,
Inc with respect to the Project and may only be modified in writing as agreed by,_ both
parties. If it satisfactorily sets forth your understanding of the arrangement between us, we
_ would appreciate you signing the enclosed copy of this letterinthe space provided below
and returning it to us. ,
Thanking you for this opportunity to be of service to the City of Fayetteville
Sincerely,- 4
ETC ENGINE S, INC.
Accepted this (P , day of %Z,-,.4„„�.w
-
CITY O!%I AYE -1 'EVINCE
atirst
•
1
50
COST ESTIMATE '
CEDERWOOD ADDITION DRAINAGE STUDIES
CITY OF FAYETTVILLE
(1) DIRECT LABOR COST
CATAGORY
MAN UNIT
HOURS COST
COST
PROJECT MANAGER 8 $21.63 $173
SR. CIVIL ENGINEER 90 $17.79 $1,601
CIVIL ENGINEER 0 $16.00 50
ENGINEERING TECHNICIAN 16 $11.30 $181
DRAFTSMAN 40 $11.30 $452
CLERICAL 40 $6.50 $260
SURVEY CREW ( 3 MEN) 12 $26.00 $312
INSPECTOR 0 $11.30 $0
SUBTOTAL, DIRECT LABOR $2,979
(2) OVERHEAD ON DIRECT LABOR
(3)GEN. & ADMINISTRITIVE OVERHEAD
(4) MATERIALS & SUPPLIES
SURVEYT EQUIPMENTS
14% $417
126% $3,753
120/DAY $120.00
SUBTOTAL, MATERIALS & SUPPLIES $120
(5) TRAVEL
PERDIEM
TRAVEL COSTS @ .25/MILE 1000 MILES
$0.00
$250.00
SUBTOTAL, TRAVEL $250
(6) OTHERS
PRINTING & BINDING $200
SUBTOTAL, COST TO CONTRACTOR $7,719
(7) PROFIT FOR FEE
10% $772
TOTAL COST OF PROJECT $8,491