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HomeMy WebLinkAbout35-95 RESOLUTIONRESOLUTION NO. 35-95 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A ENGINEERING CONTRACT IN THE AMOUNT OF $21,964.94 WITH DEVELOPMENT CONSULTANTS, L L C , AND APPROVAL OF A PROJECT CONTINGENCY AMOUNT OF $2,196.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby authonzes the Mayor and City Clerk to execute a engineering contract in the amount of $21,964.94 with Development Consultants, L.L.C., and approves a project contingency amount of $2,196.00. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 7th day of March , 1995. ATTEST: / LIL.(.C/ By: Traci Paul, City Clerk APPROVED: By: red Hanna, Mayor CITY OF FAYETTEVILLE SUPPLEMENTAL AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS) COUNTY OF WASHINGTON) THIS AGREEMENT, entered into and executed this 7ft day of march , 1995 by and between The City of Fayetteville hereinafter called the "Owner", and Development Consultants, L.L.C., a corporation existing under the laws of the State of Arkansas, with principal offices at 1970 East Joyce Boulevard, Suite 1, Fayetteville, Arkansas 72703, hereinafter called the Engineer. WITNESSETH: WHEREAS, the Owner is reconstructing a certain intersection in Fayetteville; and WHEREAS, the Owner wishes to employ an Engineer to perform .said work; and WHEREAS, the Engineer's staff is adequate and well-qualified and it has been determined that its current workload will permit inspection Services (Title II) for the project on schedule; NOW, THEREFORE, it is considered to be in the best public interest for the Owner to obtain the assistance of the Engineer's organization in connection with said engineering services. In consideration of the faithful performance of each Party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: Page 2 SECTION I -- EMPLOYMENT OF ENGINEER The Owner agreed to employ the Engineer to perform, and the Engineer agreed to perform, professional engineering services in connection with the Project as set forth in the contract dated 12/29/94; and the Owner agreed to pay, and the Engineer agreed to accept, cost incurred plus fixed fee, as specified in the Contract dated 12/29/94 SECTION II -- SUPPLEMENTAL SERVICES The owner agrees to employ Engineer to perform Title II Services for the project and extend the Engineer's contract dated 12/29/94. Owner will furnish the following: 1. Owner representative to coordinate project and payment applications. 2. Inspection services required for traffic signal installation. 3. Soils testing for required density tests. Engineer to furnish the following: 1. Attend a pre -construction conference with the Owner and Contractor. 2. Provide phase inspections of the completed work at critical times during the construction. Phase inspections shall be performed by the Engineer in the presence of the Contractor at the following periods during the construction: a. Following roadway clearing and grubbing. b. Following drainage structure, curb and subgrade construction. c. During laying of the roadway stone and/or asphalt bases. d. Prior to the laying of the roadway asphalt or concrete surfaces. e. During laying of the roadway surface course. f. Following completion of surfacing, finish grading and seeding. Page 3 3. A progress report with any recommendations will be issued directly to the Owner and Contractor immediately following each phase inspection. The owner may attend any one or all of the phase inspections. 4. Review requests for payment submitted by the Contractor or the owner. 5. Prepare as -built drawings for the owner, based upon record prints kept by the contractor. SECTION III -- CONSULTATI.ON SERVICES DURING CONSTRUCTION If, during the course of construction, consultation between the owner and the .engineer is required, beyond the listed services, the owner agrees to compensate the engineer. If additional compensation is required, an addendum to this contract will be furnished by the Engineer for the review and approval of the owner. Payment will be made monthly upon presentation of invoices prepared in the required form and number, subject to the approval of the owner. SECTION IV -- SUBCONTRACTING Subcontracting by the engineer of any of the services require prior approval by the owner. SECTION V -- TIME OF BEGINNING AND COMPLETION The engineer shall begin work under this agreement upon receipt of a notice to proceed from the owner to the contractor to begin work. The contract time for Title II services shall be equal to that of the construction contract period (6 months). The completion time for Title II Services is predicated upon the condition that the contractor will cause to be processed, all necessary construction within the construction contract period. SECTION VI -- SUPPLEMENTAL FEES AND PAYMENTS For and in consideration of the services to be rendered by the engineer, the owner shall pay and the engineer shall receive reimbursement of all salary costs, overhead, and reimbursable expenses at rates paid by the engineer during the contract period. All miscellaneous expendable supplies normally required by the engineer in the performance of these services will be purchased by the engineer, who will be reimbursed by the owner as a reimbursable expenses.. Additionally, the owner agrees to pay and the engineer agrees to accept a fixed fee for all TITLE II SERVICES, in an amount of two thousand eight hundred twelve dollars and Page 4 eighty-two cents ( $ 2,812.82). The basis and justification for the Title II Services fee is contained in Appendix "B" attached hereto. The total estimated costs for Title II Services, including fixed fees shall not exceed twenty-one thousand nine hundred sixty-four dollars and ninety-four cents ( $ 21,964.94), and as listed in Appendix "B". Adjustment of the fee may be made, should the engineer establish, and the owner agree, that there has been or is to be a significant change in the : (1) Scope, complexity, or character of the services to be performed (2) Condition under which the work is required to be performed; (3) Duration of work, if the change from the time period specified in the agreement for completion of work warrants such adjustment. Invoices for TITLE II SERVICES will be submitted monthly by the engineer in a form acceptable to the owner, and shall be paid by the owner within thirty (30) days of receipt. A11 payments by the owner will signify the satisfactory completion of any related services provided by the engineer through the invoice date. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the date and year first herein written. THE CITY OF FAYETTEVILLE By: Fr d H - Mayor Development Consultants, L.L.C. By. naging Par Page 5 TOTAL ALLOWABLE COSTS: :333 03X14 EST. REIMBURSABLE EXPENSES: Eft N CO O N O 0 O N O :0V3HH3A0's AH31VS 49 03 N TITLE II SERVICES - TOTALS 1. Preconstruction Conference 2. Inspection Phases: A. Clearing & Grubbing B.. Drainage & Subgrade C. Base Course D. Pre Surface Course E. Post Surface Course F. Final Completion 3. Progress Reports 4. Payment Request Review 5. As -Built Drawing 178 A O O 0 CO 0 00 0 0 A A A 156 A 0 0 000 O N 20 O 0 0) N O O N 60 a K3 N N vi ch)N •!_ N fA fA N v 91 O O 64 fa FA AR A9 _ W a W N_ A ol• O m A 0 CO 0 0 0 0 co A ? TITLE 1I SERVICES - TASK / DESCRIPTION HOURLY RATES (SALARY COST & OVERHEAD) DEVELOPMENT CONSULTANTS, L.L.C. STAFF : NOLLVOOI mo 0 m c1 0 z m m c- n 0 .< 69 01 A T 2 0 m co 0 < T O G% ( a i `t PO 0 49 n OD m o m cn t» _ m ro -< N r n 0 APPENDIX "B" CITY OF FAYETTEVILLE - SUPPLEMENTAL ENGINEERING AGREEMENT