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Home My WebLink About132-94 RESOLUTIONRESOLUTION NO. 132-94 A RESOLUTION APPROVING AN AGREEMENT IN THE AMOUNT OF S47,288 WITH MCCLELLAND CONSULTING ENGINEERS FOR SURVEYING PERMANENT AND TEMPORARY EASEMENTS FOR THE CATO SPRINGS AND TOWN BRANCH FLOOD CONTROL PROJECT. BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. Fhe City Council hereby approves an agreement in the amount of $47,288 with McClelland Consulting Engineers tur surveying permanent and temporary easements for the Cato Spnngs and Town Branch Flood Control Protect and authorizes the mayor and city clerk to execute said agreement. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 7th day of December 1994. ATTLSI: By: ! `_ ' !'t / eti Traci Paul, City Clerk APPROVED:: 13y:D•- Fred Hanna, Mayor • • • EXHIBIT A • AGREEMENT TO FURNISH SURVEYING AND EASEMENT SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS BASIC AGREEMENT • This Agreement made this I .= rr-I day of 411=C L M'r ,1994, 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 and in the provisions of the Agreement. ARTICLE 1 The OWNER has selected the ENGINEER to provide certain Surveying and Easement services to the OWNER. The services to be provided by the ENGINEER are anticipated to include but not necessarily to be limited to the development of detailed Easements Descriptions and Easement Drawings related to Cato Springs Flood Control Project. The ENGINEER will provide the following services necessary to complete the detailed tasks as follows: Field Survey: • Drainage routes and widths (Permanent and Temporary Easements) • Property Lines and Corner Ties for Easements • Set Wood Stakes on Temporary Easements • Set Iron Pins on Property Lines and Permanent Easements Easement: • Furnish Easement Legal Description on Permanent and Temporary Easements (Per Corps of Engineers Plans) • Furnish Easement Maps for Project ARTICLE 2 The compensation for services provided by the ENGINEER is to be salary cost times a multiplier. The Formula will be Salary Cost x 1.44 (Salary Overhead) x 2.20 (Company Profit and Overhead). The ENGINEER'S Estimated Cost is $47,288. This cost will not be exceeded without the consent of the OWNER. WP:94735:AGREE -1- ARTICLE 3 The ENGINEER shall endeavor to provide said services in conformance with the following time schedule: • All Field Work, Legal Easements and Easement Maps to be complete within 70 days after Notice to Proceed. ARTICLE 4 Payments to the ENGINEER for services provided as generally described in Article 1 are to be made within 30 days after date of billing. The amount due will be for services rendered during the previous month The ENGINEER's billing will be accompanied by a breakdown of hours expended by personnel. 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, land ownership and copies of deeds, and other information required by the ENGINEER and relating to his work. 5.3 That, the ENGINEER's salary cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveyors, clerks, laborers, etc., for time directly chargeable to the project. 5.4 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 WP:94735:AGREE -2- • • Northwest Arkansas area. 5.5 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. 5.6 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. 5.7 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. 5.8 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. 5.9 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. 5.10 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 or who are debarred or suspended or otherwise excluded from or ineligible for participation in Federal assistance programs. WP:94735:AGREE -3- 5:11 All documents including drawings, 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 Easements. However, the ENGINEER shall bear no responsibility for such reuse of the design unless specifically agreed to in writing. 5.12 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 All BY: ;i;Ai% -I;v;.w ATTEST: %f.i.ic FOR THE ENGINEER BY: ATTEST: z A, aez,c 1 NoV i'9 WP:94735:AGREE -4-