HomeMy WebLinkAbout101-09 RESOLUTIONRESOLUTION NO. 101-09
A RESOLUTION APPROVING AN AGREEMENT WITH
McCLELLAND CONSULTING ENGINEERS, INC. FOR AIRPORT
ENGINEERING SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
hereby approves an Agreement with McClelland Consulting Engineers, Inc. for
airport engineering services. A copy of the Agreement, marked Exhibit "A," is
attached hereto and made a part hereof. 4�ge,9PP►P,9,,
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PASSED and APPROVED this 5th day of May, 2009.
APPROVED:
B
0 ELD JO AN, Mayor
ATTEST:
By: `-1i ; ; `iifi ?
SON RA E. SMITH, City Clerk Treasurer
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
STATE OF ARKANSAS
COUNTY OF WASHINGTON
This Agreement entered into and executed this 5th day of Mav 2009, by and between
the City of Fayetteville acting by and through its Mayor hereinafter called the CITY OF
FAYETTEVILLE and McClelland Consulting Engineers, Inc. with offices in Fayetteville,
Arkansas, hereinafter called MCE, is intended to endure for a minimum period of three
years from the time of its formal execution, extendable by contract amendment to not more
than five years.
WITNESSETH:
Whereas, the CITY OF FAYETTEVILLE is planning to effect improvements to Drake Field,
Fayetteville's municipal airport; and Whereas the CITY OF FAYETTEVILLE'S forces are
fully employed on other urgent work that prevents their early assignment to the
aforementioned work; and Whereas MCE'S staff is adequate and well qualified and it has
been determined that its current work load will permit completion of the plans for the
various projects on schedule;
Now therefore, it is considered to be in the best public interest for the CITY OF
FAYETTEVILLE to obtain assistance of MCE'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:
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SECTION I - EMPLOYMENT OF ENGINEER
The CITY OF FAYETTEVILLE agrees to employ MCE to perform, and MCE agrees to
perform, professional engineering services in connection with the projects set forth in the
Sections to follow; and the CITY OF FAYETTEVILLE agrees to pay and MCE agrees to
accept, as specified in the Sections to follow as full and final compensation for work
accomplished in the specified time.
SECTION II - DESCRIPTION OF THE PROJECTS
The services provided by MCE are anticipated to include but not necessarily be limited to
studies, investigations, reports, funding applications, design services, preparation of
construction drawings and specifications, bidding services, and engineering services during
construction related to:
• Additional T -Hangar Unit Expansion(s).
• 60x60 Small Corporate Hangars.
• East Side Corporate Aprons.
• East Side Parallel Taxiway Extension.
• Runway Extension Projects to South.
• Individual Corporate Hangars and Parking Aprons.
• GA Parking Aprons and Sunscreen Development.
• Airport Security Improvement Projects.
• Runway 16 RSA Project continuation.
• Extension of Lancaster Drive.
• Airport Layout Plan Sheet Updates
• Maintenance and Rehabilitation of Pavements.
• Airfield Marking
• Airfield Lighting.
These services, when requested by the CITY OF FAYETTEVILLE, will be described in
specific Task Orders to this AGREEMENT FOR ENGINEERING SERVICES.
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Additional services a may be included as determined by the CITY OF FAYETTEVILLE by
executing Amendments to this BASIC AGREEMENT or by specific Task Orders. Such
additional services may include: other projects identified by the Master Plan update,
completing air spacing forms; topographic surveys; developing city -required drainage
plans; formulating Large Scale Development Plans; performing utility searches, when
applicable; and other airport related tasks which are outside the basic scope of services.
SECTION III — INFORMATION & SERVICES
The CITY OF FAYETTEVILLE will furnish any specifications, standards and other
information that may relate to the project including GPS survey data. Aerial mapping data
will be provided, free of charge, to MCE on magnetic media.
SECTION IV - SERVICES TO BE FURNISHED BY THE ENGINEER
MCE will provide the preliminary study, design, construction administration, and
construction inspection services necessary to complete the following tasks under this
Contract.
A. Develop a schedule for each project upon the receipt of the notice to prepare a
Task Order for each project.
B. Attend preliminary conferences alone or with CITY OF FAYETTEVILLE
representative, local officials, State and Federal agencies, utility companies and
others regarding the proposed project, its general design, functions and impact.
C. Provide surveying, mapping, and related services as required to prepare Right-
of-Way/Easement documents for the "CITY OF FAYETTEVILLE'S" use in
acquisition activities.
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D. Provide all field survey data from field work for designing the project and this
shall be tied to the "CITY OF FAYETTEVILLE'S" GPS control network.
E. Obtain, interpret and evaluate geotechnical data for pavement design and
embankment stability.
F. Conduct preliminary design and prepare preliminary construction limits, required
right of way, ownership map, perform all needed stability analyses, design of
detours where needed, and preparation of maintenance of traffic plans detailing
needed signing and striping during construction, as well as for permanent
application after the completion of street construction.
G. Conduct final designs to prepare construction plans and specifications including
final construction details and quantities, special provisions, cost estimates, make
final field inspection with CITY OF FAYETTEVILLE, make any needed plan
changes as a result of the final field inspection and all other work required to
advertise and receive bids.
H. Furnish plans to all utility companies affected by the project and shall conduct a
coordination meeting among all affected utility companies to enable them to
develop utility agreements regarding any necessary utility relocations.
I. Prepare Contract Documents (Plans, Specifications, and Estimates). These
documents shall be in accordance with sound engineering principles. MCE shall
coordinate closely with the FAA's Airports Development Office to provide copies
of the Plans and Specifications and cost estimates for review as required by the
FAA. When projects are FAA -funded, detailed Specifications shall be developed
using FAA "Standards for Specifying Construction for Airports" AC 150/5370-10,
or other appropriate standards approved for use by the FAA. MCE will obtain a
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specimen copy of the General Provisions and applicable prevailing wage rates
from the FAA and the Arkansas Department of Labor for incorporation into the
Specifications for the proposed project.
J. Assist the CITY OF FAYETTEVILLE in advertising, answering bid questions,
receiving of bids on the various phases of work, evaluating bids received,
recommending award of bids, and award of construction contracts.
K. Establish benchmarks for elevation control and locate horizontal work to
Fayetteville's GPS Control System and provide construction reference points for
alignment of the project components.
L. Provide construction administration during the construction process including
attending pre -construction conferences, visiting the site at least once per month,
reviewing Shop Drawings and samples, assisting with Change Orders, preparing
monthly Contractor Pay Estimates, and preparing final "Record Drawings".
M. Provide construction inspection on either a full time or an as -needed basis
during construction as required by each Task Order.
The street and parking projects will be designed and constructed to meet local standards in
accordance with the CITY OF FAYETTEVILLE'S adopted criteria. These designs shall be
based on Standard Specifications for Highway Construction 1996 or 2003 Edition of the
AHTD and latest special provisions and City of Fayetteville Specifications except that
metric units will not be used. The design concept with regard to street alignment, pavement
section, geometrics, detours, right-of-way, and utility relocation shall be submitted by MCE
and approved by the CITY OF FAYETTEVILLE prior to beginning design work.
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SECTION V - COORDINATION WITH OWNER
As each Task Order is developed and approved the scope of engineering services and
fees will be finalized. MCE shall hold conferences throughout the design of the project with
representatives of the CITY OF FAYETTEVILLE to the end that the design, as perfected,
shall have full benefit of the CITY OF FAYETTEVILLE'S knowledge and be consistent with
the current policies and construction practices of the CITY OF FAYETTEVILLE. The CITY
OF FAYETTEVILLE reserves the right to accept or reject any or all plans, but this
stipulation will not relieve MCE of responsibility for the design of the project.
SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK
Review of the work as it progresses under this Agreement shall be made at the CITY OF
FAYETTEVILLE'S office.
SECTION VII - PRELIMINARY SUBMISSION
MCE shall submit three (3) sets of preliminary plans for each submittal at 35%, 65%, and
95%, and meet with the CITY OF FAYETTEVILLE'S staff following each submittal.
SECTION VIII - FINAL SUBMISSION
The final submission for the construction contract shall consist of the following:
A. One (1) copy of all design calculations.
B. The originals of all drawings, specifications and contract documents. All design
drawings on magnetic media shall be submitted on disks compatible with
AutoCAD Release 2007 software.
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C. The estimated cost of construction and a detailed estimate of time in calendar
days required for completion of the contract.
D. Three (3) copies of the final plans for CITY OF FAYETTEVILLE'S use.
SECTION IX - ENGINEER RESPONSIBILITY DURING "BIDDING" AND
"CONSTRUCTION" PHASES
During the "Bidding" phase of the project, MCE shall provide all engineering and
administrative services needed to obtain bids for the construction project, evaluate the
bids, and consult with and advise the CITY OF FAYETTEVILLE as to the acceptability of
the best bidder.
During the "Construction" phase of work, MCE shall provide administrative and engineering
services including resident construction inspection services to determine whether the
Contractor has met the requirements of the design plans and Specifications. MCE shall
review the Contractor's progress payment requests based on the actual quantities of
• contract items completed and accepted, and shall make a recommendation to the CITY OF
FAYETTEVILLE regarding payment.
SECTION X - SUBCONTRACTING
Prior to entering into fee negotiations, the CITY OF FAYETTEVILLE shall approve
selection of all sub -consultants to MCE. The CITY OF FAYETTEVILLE reserves the right to
reject without prejudice at his discretion MCE'S selection of firms for any subcontracted
tasks.
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SECTION XI - TIME OF BEGINNING AND COMPLETION
MCE shall begin work under each separate Task Order within ten (10) days of notice to
proceed and shall complete the plans for the construction contract within the time
stipulated in each respective Task Order.
The stipulated completion time in each Task Order shall be predicated upon the fact that
the CITY OF FAYETTEVILLE will promptly provide all pertinent requested information in its
possession, and will conduct reviews/approvals of interim work in an expeditious manner
(5 working days per submittal).
SECTION XII - FEES AND PAYMENTS
A. Engineering Planning and Design Services Preceding Construction:
MCE shall provide, as enumerated individually in each respective Task Order,
application for funding, engineering study, surveying, geotechnical investigation,
design, bidding, and easement preparation services for a specifically stated fee
amounts.
Each Task Order shall also list fee amount for the individual tasks for the Design
Phase Services work scope identified therein. The basis of this fee and
justification for the fee shall be contained in an Appendix attached to each Task
Order. Adjustment of the fee may be made should MCE establish and the CITY
OF FAYETTEVILLE agree that there has been, or is to be, a significant change
in scope, complexity or character of the services to be performed; or if the CITY
OF FAYETTEVILLE decides to shorten the duration of work from the time period
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specified in the Agreement for completion of work and such modification
warrants such adjustment.
Additionally, each Task Order shall contain an Appendix, which covers the
classification and salary rate for all personnel anticipated to be assigned to this
project by MCE.
Payment to MCE by the CITY OF FAYETTEVILLE for Design Phase Services
shall be made within 30 days after the date of billing. The amount due will be for
services rendered during the previous month. Final payment for Design Phase
Services shall be made upon the CITY OF FAYETTEVILLE'S approval and
acceptance with the satisfactory completion of the "Design" phase of the project.
B. Construction Phase Services:
MCE shall provide, as enumerated individually in each respective Task Order,
construction administration, construction staking, construction inspection, and
construction materials testing for a specifically stated fee amounts.
Each Task Order shall also list fee amount for the individual tasks for the
Construction Phase Services work scope identified therein. The basis of this fee
and justification for the fee shall be contained in an Appendix attached to each
Task Order. Adjustment of the fee may be made should MCE establish and the
CITY OF FAYETTEVILLE agree that there has been, or is to be, a significant
change in scope, complexity or character of the services to be performed; or if
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the CITY OF FAYETTEVILLE decides to shorten the duration of work from the
time period specified in the Agreement for completion of work and such
modification warrants such adjustment.
Additionally, each Task Order shall contain an Appendix which covers the
classification and salary rate for all personnel anticipated to be assigned to this
project by "MCE".
Payment to MCE by the CITY OF FAYETTEVILLE for Construction Phase
Services shall be made within 30 days after the date of billing. The amount due
will be for services rendered during the previous month. Final payment for
Construction Phase Services shall be made upon the "CITY OF
FAYETTEVILLE'S" approval and acceptance with the satisfactory completion of
the "Construction" phase of the project.
SECTION XIII - CHANGES
The CITY OF FAYETTEVILLE may at any time, by written order, make changes within the
general scope of the contract in the work and services to be performed. If any such
change causes an increase or decrease in the cost of, or the time required for,
performance of this contract, an equitable increase or decrease shall be made in the
upper limit contract amount, including fee or time of required performance, or both, and
the contract shall be modified in writing accordingly.
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Any claim by MCE for adjustment under this clause must be asserted with thirty (30) days
from the date of receipt by MCE of the notification of change; provided, however, that the
CITY OF FAYETTEVILLE, if it decides that the facts justify such action, may receive and
act upon any such claim asserted at any time prior to the date of final payment under this
contract. Failure to agree to any adjustment shall be cause for a dispute concerning a
question of fact within the meaning of the clause of this contract entitled SECTION XVI -
MISCELLANEOUS PROVISIONS, (1) Dispute Resolutions. However, nothing in this
clause shall excuse MCE from proceeding with the contract as changed.
SECTION XIV - OWNERSHIP OF DOCUMENTS
All documents, including original drawings, disks of CADD drawings and cross sections,
estimates, specifications, field notes, and data are and shall remain the property of the
CITY OF FAYETTEVILLE. MCE may retain reproduced copies of drawings and copies of
other documents. The CITY OF FAYETTEVILLE shall not be restricted in the subsequent
use of the design, design documents or ideas incorporated in the work. However, MCE
shall bear no responsibility for such reuse of the design unless specifically agreed to it
writing.
SECTION XV - POSTPONEMENT OR CANCELLATION OF THE CONTRACT
It is understood that the CITY OF FAYETTEVILLE will have the right to suspend or cancel
the work at any time.
A. Postponement - Should the CITY OF FAYETTEVILLE, for any reason
whatsoever, decide to postpone the work at any time, the CITY OF
FAYETTEVILLE will notify MCE, who will immediately suspend work. Should
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the CITY OF FAYETTEVILLE decide during such suspension not to resume the
work, or should such suspension not be terminated within a year, the work shall
be canceled as hereinafter provided.
B. Cancellation - Should the CITY OF FAYETTEVILLE, for any reason whatsoever,
decide to cancel or to terminate the use of MCE'S service, the CITY OF
FAYETTEVILLE will give written notice thereof to MCE, who will immediately
terminate the work. If the CITY OF FAYETTEVILLE so elects, MCE may be
instructed to bring a reasonable stage of completion to those items whose value
would otherwise be lost. MCE shall turn over all data, charts, survey notes,
figures, drawings and other records or information collected or produced
hereunder whether partial or complete. Upon such termination of MCE'S
services, MCE shall be paid a proportional amount of the total fee, Tess prior
partial payments, based on the ratio of work done to the total amount of work to
be performed.
SECTION XVI - MISCELLANEOUS PROVISIONS
A. Dispute Resolution - Any dispute concerning a question of fact in connection
with the work and having a financial value of $10,000, or less, shall be referred
for determination to the Mayor of the City of Fayetteville whose decisions in the
matter shall be final and conclusive. Disputes resulting from claims greater than
$10,000 shall be subject to mediation.
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B. Responsibility for Claims and Liability - MCE shall save harmless the CITY OF
FAYETTEVILLE from all claim and liability due to MCE's activities, or those of
MCE'S sub -consultants, agents, or employees during the time this contract is in
force.
C. General Compliance with Laws - MCE shall comply with all Federal, State and
local laws and ordinances applicable to the work. MCE shall be a Professional
Engineer, licensed in the State of Arkansas.
D. Engineer's Endorsement - MCE shall endorse and recommend all plans,
Specifications, estimates and engineering data furnished by it. All design shall
be checked in accordance with accepted engineering practices. All plan
quantities shall be checked and verified.
E. That, the Airport Director or his designated representative will direct and
coordinate MCE's efforts and will be the source of instructions to MCE and shall
have the authority to interpret the CITY OF FAYETTEVILLE's policy as
necessary to maintain MCE's work schedule and to administer the BASIC
AGREEMENT.
F. That, the CITY OF FAYETTEVILLE shall make available to MCE all technical
data in the CITY OF FAYETTEVILLE's possession, including maps, surveys,
borings, and other information required by MCE and relating to his work.
G. That, the estimates of cost for the Projects provided for herein are to be
prepared by MCE through exercise of his experience and judgment in applying
presently available cost data, but it is recognized that MCE 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.
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H. That, MCE's direct expenses are defined as the costs incurred on or directly for
the Project, other than the Salary and General Overhead Costs. Such direct
expenses shall be computed on the basis of actual purchase price for items
obtained from commercial sources plus a 5% mark-up. Direct expenses shall
include, but not be limited to, necessary transportation costs, including mileage
at MCE's current rate per mile when MCE's own automobiles are used, meals
and lodging, laboratory tests, and reproduction charges.
I. That, in Geotechnical investigation work and in determining subsurface
conditions for the Project, the characteristics may vary greatly between
successive test point and sample intervals. MCE will perform this work in
accordance with generally accepted soils engineering practices and makes no
other warranties, expressed or implied, that conditions actually encountered in
the field may not vary from those found during the investigation work.
J. That, the CITY OF FAYETTEVILLE, 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 MCE.
K. That, in the event of any legal or other controversy requiring the services of MCE
in providing expert testimony in connection with the Project, except suits or
claims by third parties against the CITY OF FAYETTEVILLE arising out of errors
or omissions of MCE, the CITY OF FAYETTEVILLE shall pay MCE for services
rendered in regard to such legal or other controversy, on a basis to be
negotiated.
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L. That, visits to the construction site and observations made by MCE 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 incidental thereto.
M. That, MCE, when called for in specific Task Orders, shall provide an on-site
Resident Inspector and will make reasonable efforts to guard the CITY OF
FAYETTEVILLE against defects and deficiencies in the work of the contractor(s)
and to help determine if the construction contract has been fulfilled. The
Resident Inspector's day-to-day observation will not, however, cause MCE 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. The Resident Inspector shall have the authority to reject
both unsatisfactory workmanship and materials. His primary duties are as
follows:
1. Check construction activities to determine compliance with the Plans
and Specifications. Inform the Contractor and CITY OF
FAYETTEVILLE of any work that is in noncompliance.
2. Check that all testing required by the Specifications is performed.
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3. Visit the testing laboratory to determine if it has the equipment and
qualified personnel necessary to conduct the tests required by the
Specifications.
4. Review test reports and certificates for conformance with the
Specifications.
5. Maintain a file of test reports and certifications.
6. Inform the Contractor of deficiencies in order that corrections can be
made and retesting performed prior to covering any substandard work
with additional material.
7. Document quantities of materials used on the project by actual
measurements and computations in a field notebook or computer
printouts retained in a folder.
8. Maintain a diary, which should contain daily entries made and signed
by the Resident Observer. Each entry should include the following,
plus any additional pertinent data:
(A) Date and weather conditions.
(B) Names of important visitors.
(C) Construction work in progress and location.
(D) Size of Contractor's work force and equipment in use.
(E) The substance of important conversations with the Contractor
concerning conduct, progress, changes, test results,
interpretations of Specifications or other details.
9. Submittal of FAA Form 5370-1, Construction Progress and
Inspection Report, or equivalent form to the appropriate FAA field
office. The frequency of submittal shall be established at the Pre -
Construction Conference.
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N. It is further agreed that the CITY OF FAYETTEVILLE, the Federal Aviation
Administration, the Comptroller General of the United States, or any of their
duly authorized representatives, shall have access to any books, documents,
papers, and records of MCE which are directly pertinent to the work
hereunder, for the purpose of making audit, examination excerpts and/or
transcriptions. Records under this Section shall be maintained and made
available during performance on FAA grant work under this AGREEMENT
and until three years from date of final FAA grant payment for the project. In
addition, those records which relate to any "dispute" appear under an FAA
grant agreement, or litigation, or the settlement of claims arising out of such
performance, or costs or items to which an audit exception has been taken,
shall be maintained and made available until three years after the date of
resolution of such appeal, litigation, claim or exception.
O. in accordance with Executive Order 11246, entitled "Equal Employment
Opportunity", as amended by Executive Order 11375, and as supplemented
in Department of Labor Regulations, MCE agrees that he will not
discriminate against any employee or applicant for employment because of
race, religion, age, color, sex, or national origin.
P. In executing this AGREEMENT, MCE acknowledges that he has visited the
site of the work, that he is familiar with the conditions and characteristics of
the site, and that he fully understands the nature, extent and character of the
project and the time limitations placed thereupon. He further states that he
has discussed the proposed work with the representatives of the CITY OF
FAYETTEVILLE.
Q. MCE hereby assures that he has and will comply with the Title VI and DBE
requirements set forth in Exhibit "C", hereinafter.
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R. MCE hereby states that he has performed planning and design engineering
on previous through his laboratory facilities, he has previously performed
pertinent work on other airport projects, as well as other projects of a similar
nature, and that he has the staff and capabilities to perform the work
described herein, in a professional and timely manner.
S. Exhibit A, CERTIFICATION OF MCE, is attached to, and made a part of this
AGREEMENT FOR ENGINEERING SERVICES, per requirement of the FAA.
T. MCE will provide the Federal Aviation Administration with three (3) copies of
the updated Airport Layout Drawing at the conclusion of each AIP project.
U. MCE will perform the duties of the "consultant" set forth in the CONSTRUCTION
MATERIALS QUALITY CONTROL PROGRAM, attached hereafter as Exhibit B.
SECTION XVII - SUCCESSORS AND ASSIGNS
The CITY OF FAYETTEVILLE and MCE each binds itself and its partners, successors,
executors, administrators, and assigns to the other party of this Agreement, except as
above, neither the CITY OF FAYETTEVILLE nor MCE shall assign, sublet or transfer its
interest in this Agreement without written consent of the other. Nothing herein shall be
construed as creating any possible personal liability on the part of any officer or agent of
any public body which may be party hereto.
SECTION XVIII - COVENANT AGAINST CONTINGENT FEES
MCE warrants that it has not employed or retained by company or person, other than a
bonafide employee working solely for MCE, to solicit or secure this contract, and that it has
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not paid or agreed to pay any company or person, other than a bonafide employee working
solely for MCE, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the CITY OF FAYETTEVILLE shall have the right
to annul this contract without liability.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be o,} ry,,
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executed as of the date and year first herein written.
FOR THE CITY OF FAYETTEVILLE
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ATTEST:
FOR McCLELLAND CONSULTING ENGINEERS, INC.
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