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HomeMy WebLinkAbout59-91 RESOLUTION• RESOLUTION NO • 5-9:- 9 1 • A RESOLUTION APPROVING AN ENGINEERING CONTRACT WITH, MCCLELLAND ' ENGINEERS FOR WATER IMPROVEMENTS ON SUNRISE MOUNTAIN. 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 $17,710.00 with McClelland Engineers in connection with water improvements on Sunrise Mountain. A copy of the contract authorized for execution hereby•is attached hereto marked Exhibit "A" and made a part 'hereof. PASSED AND APPROVED this 2nd day of April 1 1991. N•ktt, r- • Z ATTEST: zSit w‘t •••• • 710:94.Y, City Cl 1;:orr -1.‘= .A•N' it7tgc.1,1;1.111/4v‘ APPROVED: /2 By: c Mayor • • • AGREEMENT TO FURNISH WATER SYSTEM ENGINEERING SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS FOR SUNRISE MOUNTAIN VICINITY This Agreement made this (fr.voi day of (9 1 leigt , between the firm of McClelland Consulting Engineer4', 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 water system engineering services to the OWNER related to furnishing improved water distribution facilities to serve approximately 15 customers in the Sunrise Mountain area. Said project is to consist, generally, of constructing approximately 3,000 linear feet of 8 - inch PVC water line, approximately 800 feet of 2 -inch PVC water line, a hydropneumatic pressure tank sized as required by the Health Department and a new pump station building sized for two (2) booster pumps and for a future fire pump. The services to be provided by the ENGINEER are anticipated to include, but not necessarily be limited to, the development of detailed designs, plans, drawings, cost estimates, specifications, bid solicitation, and construction observation/administration related to the work described hereinbefore. ARTICLE 2 The compensation for services to be provided is to be as follows: Design $10,300 lump sum. Construction Observation, hourly rates estimated to be - $5,800 NOTE: The construction observation fee will be determined by actual time expended at the hourly rates listed on Exhibit A. The estimated fee has been based upon providing 120 hours of observation time. This estimate will not be exceeded by more than 10% without approval of the OWNER. ARTICLE 3 The ENGINEER shall provide said services in conformance with a time schedule which will permit construction to start during the summer of 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 policyas 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. 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 itema -provided by the ENGINEER. Direct expenses shall not include transportation costs except when it becomes necessary to travel outside of the Northwest Arkansas area. 4 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 bther practicing professional engineers in the same type of work in the middle'southwestern United States, for the professidnal 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 Alreement 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.actuallyperformed bear to the total services of thejENGINEERt:cOvered bYthe eXecuted.task orders, less payments of compensation previously Made. 5.9 That,.the OWNER'mayil 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. 4 I' t it 14 i 1 •%. , c ; 'p A t ;y 5.14 That, thelENGINEER shall provide on-site observation personnel and will make reasonable efforts to guard the OWNER against defects and deficienciesAin-athe iwotk of the contiactor(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. 515 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 YETTEVILLE, ARKANSAS BY: (Name) ATTEST: 21.411/76.4> FOR TFE N JLER BY WAIrkm ) e P Name) (Vibresident) ATTEST: (Mayor) • • EXHIBIT A • HOURLY RATE SCHEDULE. July 1, 1990 • Principal Engineer Project Manager/Senior Engineer Electrical Engineer Mechanical Engineer Structural Engineer % Civil Engineer Senior Engineering Technician Construction Observer Chief Draftsman/Designer Senior Draftsman HVAC Designer/ Draftsman Junior Draftsman CADD Station Survey Crew (2 -Man) Survey Crew (3 -Man) Soils Lab Supervisor Soils Lab Technician Water Lab Supervisor Water Lab Technician Clerical Support Mileage Travel Expense • • $75.00 $65.00 $60.00 $50.00 •$65.00 $45.00 $40.00 $42.50 $45.00 $35.00 $35.00 $22.00 $20.00 $60.00 $75.00 $40.0o $27.00 $38.00 $22.00 $25.00 $.25/mile At Cost Hourly rates are subject to adjustment on an annual basis, beginning July 1 of the calendar year.