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HomeMy WebLinkAbout107-91 RESOLUTION• RESOLUTION NO. 107-91 A RESOLUTION APPROVING AN ENGINEERING SERVICES CONTRACT WITH MCCLELLAND ENGINEERS FOR THE PRELIMINARY DESIGN PHASE OF THE TOWNSHIP ROAD WIDENING PROJECT. 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 in the amount of $24,313.00 with McClelland Engineers for the preliminary design phase of the proposed Township Road widening 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 4th day of June , 1991. APPROVED: Bao/ Mayor *TTEST: %f City Cl'Crerk .; •'til ^j \' A. BASIC AGREEMENT TO FURNISH ROADWAY ENGINEERING SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS This Agreement made this 4th day of .June, 1991 , between the firm of McClelland Consulting Engineers, Inc., hereinafter 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, in conformance with the schedule set forth in Article 3 herein. ARTICLE 1 The OWNER has selected the ENGINEER to provide certain roadway and drainage engineering services to the OWNER. The initial phases of work to be included under this Basic Agreement are: 1) Preliminary Engineering Study; and 2) management of the public participation process. Subsequent to this initial work, designand construction phase services may be authorized by the OWNER. These services, when requested by the OWNER, shall be described in specific TASK ORDERS which will describe the specific work involved and will become a part of this AGREEMENT after execution by both parties. The services to be provided by the ENGINEER are anticipated to include but not necessarily to be limited to the development of detailed designs, plans, drawings, cost estimates, specifications, bid solicitation, and construction observation/administration related to the construction of roadway and drainage improvements to approximately 4,000 LF of Township Road, between Old Wire Road and College Avenue in Fayetteville, AR. The ENGINEER intends to subcontract with Peters & Associates, Engineers, Inc., of Little Rock for the performance of an Intersection and Traffic Analysis Study during the Preliminary Engineering Phase of the Work. ARTICLE 2 The compensation for services to be provided under the Basic• Agreement is to be made on a lump sum basis as follows: o Preliminary Engineering Report $20,050 o Public Participation Process $ 4,263 These amounts will become payable as the work under each phase progresses, subject to the following: o Preliminary Engineering Report: Maximum of $19,000 due upon submittal of report to OWNER, with balance due upon OWNER's acceptance of report. o Public Participation: maximum of $3,000 due prior to actual public meeting, with the balance payable upon completion of the public meeting. Compensation for services to be provided under subsequent Task Orders is to be made in accordance with the scope of work, schedule, etc., negotiated and set forth in each Task Order. ARTICLE 3 The ENGINEER shall provide said services in conformance with a time schedule which shall be set forth in each TASK ORDER, as applicable. For services under this Basic Agreement, the ENGINEER will endeavor to meet the following schedule: o Preliminary Engineering Report: July 8, 1991 o Public Participation Meeting: September 1, 1991 ARTICLE 4 Payments to the ENGINEER for services provided as generally 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 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 effort 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 cannot warrant that the project construction costs will not vary from his cost. estimates. 1 5.4 That, the ENGINEER's payroll 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 ENGINEER's Reimbursable Expenses are defined as the costs incurred on or directly for the Project, other than the payroll and general overhead costs. Such expenses shall be computed on the basis of actual purchase price plus eight percent (8%) for items obtained from commercial sources and on the basis of usual commercial charges for items provided by the ENGINEER. Direct expenses shall not include transportation costs except when it becomes necessary to travel outside of the Northwest Arkansas area. 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 That, 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 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. 5.9 That, the OWNER may, from time to time, request changes in the scope of the services of the ENGINEER to be preformed 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 rights-of-way as described by the ENGINEER. 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 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. 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, 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 construction contract(s) and for all safety precautions needed to execute construction and inspection. 5.14 That, the ENGINEER shall provide on-site observation 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 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. 5.15 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. 5.16 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. 5.17 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 subscribes the same in triplicate: FOR THE CITY OF FAYETTEVILLE, ARKANSAS BY Name) A� ATTEST: a ETA --1 tAi - �� 02 -r � `FOR_ THE ENGINE BY: c ATTEST: Name) • (Mayor) (Vice President) ;Le ----=7 /0? -9/ Modification of Engineering Services Contract page 1 of 1 MICROFILMED Project: Preliminary Engineering - Township Road Improvements Project no. 91028 - 0011 Contract No. 305 Amendment/Modification No. 1 Contractor: McClelland Consulting Engineers 1810 North College P.O. Box 1229 Fayetteville, Arkansas 72702-1229 Accounting and Appropriation data: Account no. 447-947-5-809.00. Increase in Contract Amount: "Not -to -exceed" $1,000.00. Previous contract amount: $24,313.00. Revised Contract Amount: "Not -to -exceed" $25,313.00. Description of Modification/Scope of Work Add to the existing Engineering Services contract all work necessary to develop a specific project scope and cost estimate for proposed improvements other than the technical recommendation (36 ft. street). The requirements for the contract amendment will be as directed by the City of Fayetteville Engineering Department and include an alternate to improve the existing 27 ft. street in-place. The scope of the proposed contract amendment includes the: addition of turn lane at College (four lanes), reconstruction up the west slope, reduction in vertical curve at the crest of the hill, and either an overlay or slurry seal on the middle and eastern sections. The amendment will be based upon a "not to exceed" amount of $1,000.00. The final amount will be based upon actual time, estimated at 8 to 12 hours, and costing $600.00 to $800.00. Except as specifically provided above, all terms and conditions of the contract dated 4 June 1991 shall remain in full force and effect. Name and title of signers: J�J� /•uinn, P.E. or Gregg Bone, P.E. cClelland Consulting Engineers date signed g 9z date signed ybitt.Li u , City Manager RESOLUTION NO. 107-91 A RESOLUTION APPROVING AN ENGINEERING SERVICES CONTRACT WITH MCCLELLAND ENGINEERS FOR THE PRELIMINARY DESIGN PHASE OF THE TOWNSHIP ROAD WIDENING PROJECT. 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 in the amount of $24,313.00 with McClelland Engineers for the preliminary design phase of the proposed Township Road widening 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 4th day of June , 1991. ATTEST: By APPROVED: B ", Mayor