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HomeMy WebLinkAbout25-94 RESOLUTION• • RESOLUTION NO. 25-94 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ENGINEERING CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. FOR ENGINEERING SERVICE IN C'ONIUNCI']ON WITH CONSTRUCTION OF IMPROVEMENTS TO SELECTED STREETS IN THE SOUTHEAST TARGET AREA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Council hereby authorises the Mayor and City Clerk to execute a contract in the amount of $54,342.72 with McClelland Consulting Engineers, Inc. for engineering services in conjunction with the construction improvements to selected streets in the southeast target area. A copy of the contract and cost summary is attached hereto marked and made a part hereof. PASSED AND APPROVED this Ast day of Febniary , 1994. ATTEST: By: erne,Uv� Sherry l.. Thomas, City Clerk APPROVED; 41 114 Fred Hanna, Mayor • BASIC AGREEMENT TO FURNISH ROADWAY ENGINEERING SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS This Agreement made this !9:/ day of--€1-'*-••-i , 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 phases of work to be included under this Basic Agreement are: 1) Preliminary Design and 2) Detailed Engineering and 3) Services During Construction. The services to be provided by the ENGINEER are anticipated to include but not necessarily to be limited to the development of designs, plans, drawings, geotechnical investigation/analysis, cost estimates, specifications, bid solicitation, and construction observation/administration related to the construction of roadway, drainage, and/or sidewalk improvements at locations hereinafter described: STREET NAME Block County E . Center E . Mountain E . Rock Washington/Meadow Tin Cup Creek Huntsville Willow Mill South LOCATION @ South Street Center to Mountain County to Walnut County to Willow Mill to Willow Spring to new ROW line of street to Juvenile Detention Center Spring to 6th College to Mill Spring to Center E . Rock to South S . College to S . Washington COMMENTS Storm inlet 2nd curb only Clearing/cleaning Sidewalk only Sidewalk and French drain only S idewalk only S idewalk only NOTE: All street segments to include street, drainage and sidewalk improvements except where "comments" states differently. ARTICLE 2 The compensation for services to be provided under the Basic Agreement is to be made on the following basis as detailed in Attachments A, B, and C: o Preliminary Design o Detailed Engineering Design o Services During Construction $22,392.17 $16,286.31 $15,788.70 Lump Lump Lump Sum Sum Sum These amounts will become payable in incremental portions at monthly intervals as the work under each phase progresses. Compensation for services to be provided under subsequent contract amendments, if any, is to be made in accordance with the scope of work, schedule, etc., negotiated and set forth in each amendment. 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 Design: o Detailed Engineering: ARTICLE 4 Within 45 calendar days of Notice to Proceed Within 30 calendar days of receiving review comments on Preliminary Design. 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 - 2 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, materials, or 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 3 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 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. 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 or who are debarred or suspended or otherwise excluded from or ineligible for participation in Federal assistance programs. 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: ATTEST: , 6_71 /!.c ' Ly4-- (Name) (Mayor) _7 SeY!44ro� FOR THE ENGINEER BY: ATTEST: 4cii (Name) (Chairman) - 5