HomeMy WebLinkAbout24-90 RESOLUTIONRESOLUTION NO. 24-90
A RESOLUTION AliTHORIZINr A CONTRACT WITH
MCCLELLAND CONSULTING ENGINEERS FOR THE
APPLEBURY SEWER REPLACEMENT PROJECT.
RR TT RESOLVED BY THE BOARD OF DIRECTORS OF TUE CITY OF
FAYETTEVTLLE. ARKANSAS:
Section I. That the Mayor and City Clerk are hereby
authorized and directed to execute a contract with McClelland
Consulting Engineers for the Applebury Sewer Replacement Project.
A copy of the contract authorized for execution hereby is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 20th day of F'nhnirny • 1990.
APPROVED:
By
ATTEST:
By:
Mayor
•
•
AGREEMENT TO FURNISH ENGINEERING
SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS
FOR APPLEBURY SEWER LINE REPLACEMENT
Basic Agreement
This Agreement made this 20th day of F, 1990 , between the
firm of McClelland Consultin'i eers, 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 a certain existing sewer line
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.
Generally, the project is to consist of replacing approximately 1,500 LF of
existing sanitary sewer which is judged to be defective and/or undersize.
Services to be provided 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.
6. Bid advertising and sale of Plans and Specifications at the
ENGINEER'S cost.
7. Bid evaluation/recommendations.
8. Pre -construction meeting assistance.
EXHIBIT A
•
•
•
9. Observation of Construction for Compliance with Plans and
Detailed Specifications.
10. Review of Shop Drawings.
11. Preparation of Change Orders.
12. Preparation of Monthly Pay Estimates for Work Completed.
13. Preparation of Record Drawings.
14. Final Review of Work and Recommendations for Acceptance.
ARTICLE 2
The compensation for services to be provided will be as follows:
Design Phase - $6,000 lump sum
Construction Phase - $4,500 lump sum
Easements/Plats - $100/each parcel
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.
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, plans,
specification, 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
1
r
•
•
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
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
ENGINEER as part of
contractor(s) of his
the work sufficient
Contract Documents,
contractor(s) of his
methods, techniques
construction site and observations made by the
his services shall not relieve the construction
obligation to conduct comprehensive inspections of
to ensure conformance with the intent of the
and shall not relieve the construction
full responsibility for all construction means,
, 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.
4.12 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.
ARTICLE 5
The ENGINEER shall endeavor to complete the Preliminary Engineering within
10 calendar days of the OWNER'S Notice To Proceed. Forty-five (45) days
after the OWNER'S review/approval of the Preliminary Design, the Plans,
Specifications, and cost estimates are to be submitted to the Arkansas
Department of Health.
Construction observation fees have been based upon a 2 -week construction
period.
•
•
ARTICLE 6
IN WITNESS WHEREOF, the parties hereto each herewith subscribe the
same in triplicate.
FOR THY OFTRKANSAS
By: illrti
(Name)
ATTEST:
ATTEST:
FOR McCLE
B
Mayor
(Title)
SU_ G ENGINEEERRSJ, INC.
(Titl.
day o1 i` • , 1912
Dated this �7
APPROVED AS TO
By: