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HomeMy WebLinkAbout118-92 RESOLUTION1 • RESOLUTION NO. 11&-92 A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $30,715 TO MCCLELLAND CONSULTING ENGINEERS, INC., TO PROVIDE A STUDY AND REPORT OF RECOMMENDED PUBLIC IMPROVEMENTS IN THE COMMUNITY DEVELOPMENT SOUTHEAST TARGET AREA. 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 $30,715 to McClelland Consulting Engineers, Inc., to provide a study and report of recommended public improvement in the Community Development Southeast Target Area. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this Atiu day of August , 1992. APPROVED: i By: ATTEST: By Mayor • AGREEMENT TO FURNISH ENGINEERING SERVICES TO THE COMMUNITY DEVELOPMENT OFFICE OF THE CITY OF FAYETTEVILLE, ARKANSAS This Agreement made this /0W--- day of .u. /9902 , between the firm of McClelland Consulting Engineerd, 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 street, sidewalk, and drainage improvement study services to the OWNER The work under this Agreement generally includes: 1) Preliminary Engineering Study; and 2) participation in public meetings; 3) preliminary cost estimates; 4) prioritization of recommended construction projects. The work is, generally, to be performed within three (3) sub- areas located just southeast of the center of the downtown area. See Exhibit A, attached, for a sketch of the project sub -areas. ARTICLE 2 The compensation for services to be provided under the Agreement is to be made on a lump sum basis. The lump sum fee shall be $30,715.00. This fee shall be payable in monthly installments, based upon the portion of the scope of services completed to date. Generally, it is anticipated that four (4) separate, and approximately equal, payments will be made. ARTICLE 3 The ENGINEER shall provide said services by November 23, 1992, assuming Owner approval of this Agreement by August 4, 1992. A delay in Owner approval shall be the basis for an equivalent delay in completion. Delays beyond the control of the ENGINEER shall also be the basis for time extension if the ENGINEER presents approvable justification in writing in a prompt manner. ARTICLE 4 Payments to the ENGINEER for services provided as generally described in Article 1 is to be made within 30 days after the date of billing. The amount due will be for services rendered during the previous month. r 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. 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 : 62 (Name) (Mayor) FOR THE ENGINEER BY: L� (Name) ATTEST: • • (Vice President) COST SUMMARY FOR CONTRACTS UNDER U.S. DHUD GRANTS .' PART 1 -GENERAL I. GRANTEE City of Fayetteville, Arkansas ' 2. GRANT NUMCE9 3. NAME OF CONTRACTOR OR SUBCONTRACTOR McClelland Consulting Engineers, Inc. 4. DATE July OF PROPOSAL , 1992 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR 1810 North College Ave. P.O. Box 1229 Fayetteville, AR 72702 6. TYPE OF Engineering cost estimates and drainage plan. SERVICE TO BE FURNISI£D study and preliminary for street, sidewalk improvements master PART II -COST SUMMARY 7. DIRECT LABOR ESTIMATED HOURS HOURLY RATE ESTIMATED COST TOTALS Project Director 51 $ 31.94 $ 1.628.94. Project Mgr./Sr. Engineer 104 20.14 2,094.56 / Project Engineer 247 19.44 4,801.68 Sr. Draftsman 60 12.85 771.00 Jr. Draftsman 88 9.03 794.64 • Clerical 51 7.81 398.31 / I DIRECT LABOR TOTAL \'r7///f//, 2X V////�//lf////////4JE .1 B. INDIRECT COSTS RATE ■ BASE • ESTIMATED COST /10 Overhead 1.57 $ 10.489 13 $16.467.93 INDIRECT COSTS TOTAL //�/222.77flJJli//,//l l/t E 16 , 467.93 9. OTHER DIRECT COSTS A. TRAVEL ESTIMATED COST j (I) TRANSPORTATION $ (2) PER DIEM $ TRAVEL SUBTOTAL WW/r////7 �1/ E 0.00 B. EQUIPMENT,MATERIALS, SUPPLIES QUANTITY COST ESTIMATED COST Visual Aids for Public Meetings Lump.Sum $ 750.00 S 750.00 (including Aerial Photos) Reproduction of Report(s) Lump Sum 100.00 100.00 EQUIPMENT SUBTOTAL /.////4/7/� l / $ 850.00 C. SUBCONTRACTS ESTIMATED COST E SUBCONTRACTS SUBTOTAL f1/2// .7l E 0.00 D. OTHER ESTIMATED COST OTHR SUBTOTAL ECOSTS E. OTHER DIRECTETOTAL f/����//���///17 /2?)/. $ 850.00 10. TOTAL ESTIMATED COST 1_27.807.06 II. PROFIT OR CONTINGENCY $ 2,907.94 12. TOTAL PRICE $ 30,715.00 AREA "B' Lt Lusa.3J 11.1 STONE x JL E:'--_ Cr ROCK t< TER 2T,.- CONFEDERATE t I` �-"CEMETERY • \ICI TY ! i\. 1►ROF. k F- _T CEMWALKER _ ST • / 1 1 MI 11191114A MAKER "EXHIBIT A"