HomeMy WebLinkAbout16-88 RESOLUTION •
RESOLUTION NO. 16-88 SCAN N ED
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AMENDMENT TO THE CITY' S
ENGINEERING CONTRACT WITH MILHOLLAND COMPANY
FOR HELEN AND LEE STREET IMPROVEMENTS AND
DUNCAN STREET SIDEWALK IMPROVEMENTS TO
INCREASE THE SCOPE OF WORK.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
lor
That the Mayor and City Clerk are hereby authorized and
directed to execute an amendment to the City' s engineering
contract with Milholland Company for Helen and Lee Street improve-
ments and Duncant Street sidewalk improvements to increase the
scope of work. A copy of the amendment authorized for execution
hereby is attached hereto marked Exhibit "A" and made a part
hereof.
PASSED AND APPROVED this 1st day of March , 1988.
APPROVED
By: L-h
Mayor 0
elf
MNIRAP!LMSD
AMENDMENT NO. 1
TO AGREEMENT FOR ENGINEERING SERVICES
FOR HELEN AND LEE AND DUNCAN STREETS IMPROVEMENTS
The Agreement for Engineering Servies dated September 17, 1988 by and
between the City of Fayetteville, Arkansas, and Mi 1 hol 1 and Company, Engineering
and Surveying, Consulting Engineers of Fayetteville, Arkansas, is hereby
amended in the following particulars:
SECTION 1 - "DESCRIPTION OF PROJECT": Amended to read as
follows:
Helen and Lee Streets: Design a 6" water line from the 8" on
Huntsville Road with appropriate number of fire hydrants for fire
protection for Helen and Lee Streets, including necessary Permanent
and Temporary Utility Easements accross private properties.
Duncan Street Sidewalk (15th to 11th - 11th to Hill ) : Design a
4' sidewalk, curb and gutter and street surface and necessary storm
sewer in the existing Right-of-Way on the side of Duncan anad 11th
which has fewest utility relocations.
Section 3. Compensation:
Amend Section 3 - Compensation to read as follows:
Compensation for the various types of services to be provided under this
contract shall be made as follows:
A. Basic Engineering Services:
Compensation for basic engineering designing services shall be a lump
sum fee amount of $5,000.00 for PHASE I "Preliminary Engineering
through Bids". This fee includes full compensation for every item of
work as described in Section 2-A. The FIXED fee is based on an
estimate of the various classifications of work at the hourly rates.
The hourly rates include direct labor casts plus allowances for
indirect labor costs, overhead and profit.
B. Construction Management:
Compensation for construction services described in Section 2-B shall
be based on the actual hours of the various classifications of
employees that may be necessary to perform the work. The total fee
shall not exceed $3,000.00 sc' long as the total construction time is
60 days or less from the date of the Notice-to-Proceed to the
construction contractor. If the total construction time exceeds 60
days, then the Engineer shall be compensated for the additional time
the various classifications of employees are required to work on the
project or the Owner may terminate this agreement by giving the
Engineer written Notice of Termination.
The rates to be charged for the various classifications of personnel
are set out below:
Professional Engineer $45.00 per hour
Engineering Aide $20.00 per hour
Secretary $12.00 per hour
Survey Crew $40.50 per hour
Resident Inspector $18.00 per hour
Draftsmen $15.00 per hour
Travel $00.25 per mile
The hourly rates shown above include total compensation to the
Engineer for all expenses for said services described in Section 2-B
above.
.
C. Land Surveys for Easements:
Compensation for land surveys and other work: related thereto shall be
based on the hours of work actually required. The rates to be
charged for the various classifications of personnel shall be
identical to those set out under Section 3-B above with a
MAXIMUM-NOT-TO-EXCEED $1,000.00.
Only work as directed by the Owner shall be done under this section
of the contract. The total fee shall not exceed $250.00 per Utility
Easement.
D. Method of Payment:
Partial payments to the Engineer shall be made monthly as long as the
accumulative of payments do not exceed the following:
[1] Basic Engineering Services:
Sixty percent (60%) upon completion of field engineering
surveys and preliminary design.
Thirty five percent (35%) upon completion of final plans
and specifications and submittal to the Owner.
Five percent (5%) after receipt of construction bids and
recommendation to the Owner concerning contract award.
[2] Construction Management:
Payment to be made on a monthly basis during the
construction phase.
[3] Land Surveys and Easements:
Payment to be made upon completion of the various items of
work as directed'// by the Owner on a monthly basis.
Approved this /f day of altd\---- , 1988.
CITY OF FAYETTEVILLE, ARKANSAS
Attest: )
/2 Mari 1 yn J�_hnson, Mayor
S le C. , City e r k:
MILHOLLAND COMPANY
Engineering PK Surveying
Attest: /
Melvin L. Milholland, P.E.
lat1,4.6/1--) 145frYYS1
Secretary
AGREEMENT FOR ENGINEERING SERVICES
', 'i""ii ' --. '' ' '-'
FOR
HELEN AND LEE AND DUNCAN STREETS IMPROVEMENTS
T IS AiREEMENT, made and entered into this 1 / day of
1987, by and between the City of Fayetteville, Arkansas,
her inafter referred to as the "Owner, " and Milholland Company, Engineering and
Surveying, Consulting Engineers of Fayetteville, Arkansas, hereinafter referred
to as the "Engineer, "
WITNESSETH THAT:
WHEREAS, the Owner desires to improve or construct Water Mains and Fire
Hydrants on Helen and Lee Streets, and a Sidewalk on Duncan Street, within the
City of Fayetteville; and
WHEREAS, the Engineer has sufficient experienced personnel and equipment
to perform the work described in this Agreement,
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Owner and the Engineer, the parties hereto, stipulate and
agree that the Owner does hereby employ the Engineer to perform the required
engineering services as hereinafter set out; and the Engineer agrees to provide
said services.
Section 1. Description of Project
The Project for which engineering services are to be provided is generally
described as follows:
Helen and Lee Streets: Design a 6" water line from the 8", on
Huntsville Road with appropriate number of fire hydrants for fire
protection for Helen and Lee Streets.
Duncan Street Sidewalk (15th to 11th - 11th to Hill ) : Design a
4' sidewalk in the existing Right-of-Way on the side of Duncan and
11th which has fewest utility relocations.
Section 2. Scope of Engineerinq_Services
The Engineer shall provide a suitable staff to perform Basic
Engineering Services and Construction Management, including necessary
resident inspection, and, as an extra item, land surveys as directed.
A. Basic Engineering Services:
Work to be done under this item shall consist of the following:
[1] Make field engineering surveys of the various sites to
establish the data necessary for the preparation of plans
and specifications in order to build the contemplated
improvements. The field engineering surveys shall include
the location of all existing utilities within street
right-of-ways as best can be located without excavation.
[2] Prepare a preliminary overall design and cost estimate
and review same with the Owner prior to final design.
[3] Prepare plans and specifications for the proposed
improvements. The plans shall show the location of the
street centerlines.
[4] Meet with representatives of all involved utility
companies and governmental agencies to coordinate the
overall project.
E5] Advise the Owner as to soils investigations that might
be required and assist in the coordinating of the same.
The cost of the soils investigations shall be borne by the
Owner.
E6] Prepare construction cast estimates.
[7] Assist the Owner in the advertising for and receiving
of construction bids, including recommendations to the
Owner regarding award of construction contract.
All of the above described work shall be completed in such time that
the Owner may receive construction bids on or about 40 working days
after the Engineer receives a Notice-to-Proceed on the project.
Compensation to the Engineer for work to be done under this section
will be a lump sum amount as hereinafter set out in Section 3.
B. Construction Management:
Under this phase the Engineer will perform the following items of
work:
E1] Provide for periodic visits to the job sites by a
professional engineer to observe the overall progress and
quality of executed work.
[2] Provide for resident inspection of the various job
sites.
E3] Provide a survey crew to lay out the project for
construction, excluding any necessary land and right-of-way
'".",
surveys.
[4] Provide a project engineer to manage and coordinate
the construction activities.
E5] Provide other personnel such as secretaries,
draftsmen, engineering technicians, etc. , as may be needed
to assist the project engineer in the various activities
that may be required.
E6] Prepare monthly partial payment estimates and a final
payment estimate to the contractor, including the assembly
of written guarantees which are required by the contract
documents.
E7] Provide for final inspection of the project in the
company of representatives of the Owner, the project
engineer, a representative of the contractor and any other
party designated by the Owner.
Payment for the above described work shall be made on an hourly basis
as further defined in Section 3 of this contract.
C. Land Surveys:
The Engineer will advise the Owner as to locations where, in the
Engineer's judgement, easements are needed for the purpose of
establishing right-of-ways and/or preparation of tract plats needed
for easement acquisition. If after the Engineer has fulfilled the
above described responsibility, the Owner may elect to direct the
Engineer to perform certain land surveys and to prepare certain tract
maps. As directed by the Owner, the Engineer will perform the
following work:
E1] Provide the necessary land record research to
determine the apparent land owners, descriptions of the
land owners' properties, subdivision plats, and surveys or
other data that may be required in order to perform the
land surveys needed.
•
[2] Provide an experienced land survey crew to make the
necessary field surveys to establish the land lines that
are needed.
[3] Prepare tract maps and easement descriptions as may be
required.
The work to be done under this section shall be done on an hourly
basis as set out in Section 3 of this Agreement.
Section 3. Compensation:
Compensation for the various types of services to be provided under this
contract shall be made as fellows: ("SUMMARY OF BID PRICES" From Proposal is
attached hereto as EXHIBIT 'A' . )
A. Basic Engineering Services:
Compensation for basic engineering services shall be a lump sum fee
amount of $3,000.00 for PHASE I "BASE BID" per Proposal . This fee
includes full compensation for every item of work as described in
Section 2-A. The FIXED fee is based on an estimate of the various
classifications of work at the hourly rates. The hourly rates
include direct labor costs plus allowances for indirect labor costs,
overhead and profit.
Compensation for construction services described in Section 2-B shall
be based on the actual hours of the various classifications of
employees that may be necessary to perform the work. The total fee
shall not exceed $2,000.00 so long as the total construction time is
60 days or less from the date of the Notice-too-Proceed to the
construction contractor. If the total construction time exceeds 60
days, then the Engineer shall be compensated for the additional time
the various classifications of employees are required to work on the
project or the Owner may terminate this agreement by giving the
Engineer written Notice of Termination.
The rates to be charged for the various classifications of personnel
are set out below:
Pr�'fessicunal Engineer $45.00 per hour
Engineering Aide ' 0.00 per hour
Secretary 1 .00 per hour
Survey Crew40.50 per hour
Resident Inspector 18.00 per hour
Draftsrimen15.00 per hour
Travel $00.25 per mile
The hourly rates shown above include total compensation to the
Engineer for all expenses for said services described in Section 2-B
above.
C. Land Surveys for Easements:
Compensation for land surveys and ether work related thereto shall be
based on the hours of work actually required. The rates to be
charged for the various classifications of personnel shall be
identical to these set out under Section 3-B above.
Only work as directed by the Owner shall be done under this section
of the contract. There is no estimate as to the total amount of work
which might be required under this section since that can only be
determined after the work required under the basic engineering
provision is essentially complete.
D. Method of Payment:
Partial payments to the Engineer shall be made monthly as long as the
accumulative of payments do not exceed the following:
[17 Basic Engineering Services:
Sixty percent (6O%) upon completion of field engineering
surveys and preliminary design.
Thirty five percent (35%) upon completion of final plans
and specifications and submittal to the Owner.
Five percent (5%) after receipt of construction bids and
recommendation to the Owner concerning contract award.
[2] Construction Management:
Payment to be made on a monthly basis during the
construction phase.
Cam] Land Surveys and Easements:
Payment to be made upon completion of the various items of
work as directed by the Owner on a monthly basis.
Section 4. General Considerations
A. Termination of Contract for Cause
If, through any cause, the Engineer shall fail to fulfill in timely
and proper manner his obligations under this contract, or if the
Engineer shall violate any of the covenants, agreements, or
stipulations of the contract, the Owner shall thereupon have the
right to terminate this contract by giving written notice to the
Engineer of such termination and specifying the effective date
thereof, at least five (5) days before the effective date of such
termination. In such event, all finished or unfinished documents,
data, studies, and reports prepared by the Engineer under this
contract shall , at the option of the Owner, become its property, and
the Engineer shall be entitled to receive just and equitable
compensation under this contract for any satisfactory work completed
on such documents.
Notwithstanding the above, the Engineer shall not be relieved of
liability to the Owner for damages sustained by the Owner by virtue
of any breach of the contract by the Engineer, and the Owner may
withhold any payments to the Engineer for the purpose of setoff until
such time as the exact amount of damages due the Owner from the
Engineer is determined.
B. Termination for Convenience of Owner
The Owner may terminate this contract any time by a notice in writing
from the Owner to the Engineer. If the contract is terminated by the
Owner as provided herein, the Engineer will receive just and
equitable compensation under this contract.
C. Changes
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 further written amendments
to this contract.
•
D. Personnel
[1] The Engineer represents that he has, or will secure at
his awn expense, all personnel required in performing the
services under this contract. Such personnel shall not be
employees of or have any contractual relationship with the
Owner.
C21 All the services required hereunder will be performed
by the Engineer or under his supervision and all personnel
engaged in the work shall be fully qualified and shall be
authorized or permitted under state and local law to
perform such services.
C3] No person who is serving sentence in a penal or
correctional institution shall be employed on work under
this contract.
E. Compliance with Local Laws
The Engineer shall comply with all applicable laws, ordinances, and
codes of the state and local governments and shall commit no trespass
on any public or private property in performing any of the work
embraced by this contract.
F. Assignability
The Engineer shall not assign any interest in this contract and shall
not transfer any interest in the same (whether by assignment or
nc'viation) without the prior written approval of the Owner; provided,
however, that claims for money due or to become due the Engineer from
the Owner under this contract may be assigned to a bank, trust
company, or other financial institution, or to a trustee in
bankruptcy, without such approval . Notice of any such assignment or
transfer shall be furnished promptly to the Owner.
G. Access to Records
The Owner, the U. S. Department of Housing and Urban Development, 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 the Engineer doing work under this
contract which are directly pertinent to a specific grant program for
the purpose of making audits, examinations, excerpts, and
transcriptions.
H. Estimates
Since the Engineer has no control over the cost of labor, materials
or equipment, or over the methods of determining prices, or over
competitive bidding or market conditions, the estimates of costs
provided are to be made on the basis of the Engineer's experience and
qualifications and represent his best .judgement, being familiar with
the industry, but the Engineer cannot and does not guarantee that
established costs will not vary from estimates prepared.
I. Insurance
The Engineer shall secure and maintain such insurance as will protect
him from claims under the Workmen's Compensation acts and from claims
for bodily injury, death or property damage which may arise from the
performance of his services under this contract.
J. Successors and Assigns
Each party of this contract binds himself and his partners,
successors, executers, administrators and assigns to the other party
of this contract in respect to all covenants of this contract.
Neither party shall assign, sublet or transfer his interest in this
contract without the written consent of the other.
Section 5. Equal Opportunity Provisions
During the performance of this contract, the Engineer agrees as follows:
A. The Engineer will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The Engineer will take affirmative action to ensure
that applicants are employed, and that the employees are treated
during employment, without regard to their race, color, religion,
sex, or national origin. Such action shall include, but not be
limited to, the following: employment upgrading, demotion, or
transfer, recruitment or recruitment advertising; layoff or training,
including apprenticeship. The Engineer agrees to post in conspicuous
place, available to employees and applicants for employment , notices
to be provided by the Contracting Officer setting forth the
provisions of this non-discrimination clause.
B. The Engineer will , in all solicitations or advertisements for
employees placed by or on behalf of the Engineer, state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
Section 6. Conflict of Interest
A. Interest of Owner
No officer, employee, or agent of the Owner who exercises any
functions Or responsibilities in the review or approval or in
connection with the carrying out of the project to which this
contract pertains shall have any personal interest, direct cur
indirect, in this contract.
B. Interest of Certain Federal Officials
No member of or delegate to the Congress of the United States, and no
Resident Commissioner, shall be admitted to any share or part of this
contract or to any benefit to arise herefrcum.
C. Interest of Engineer
The Engineer covenants that he presently has no interest and shall
not acquire any interest, direct or indirect, in the above described
project area or any parcels therein or any other interest which would
conflict in any manner or degree with the performance of his services
hereunder. The Engineer further covenants that in the performance of
this contract, no person having any such interest shall be employed.
Section 7. Other Provisions
In connection with the project, the Owner shall :
A. Give through consideration to all documents presented by the
Engineer and inform the Engineer of all decisions within a reasonable
time so as not to delay the work of the Engineer.
B. Make prevision for the employees of the Engineer to enter public
and private lands as required for the Engineer to perform necessary
preliminary surveys and investigations.
C. Obtain the necessary lands, easements and rights-of-way for the
construction of the work.
D. Furnish the Engineer such plans and records of construction and
operation of existing facilities, or copies of same, bearing on the
proposed work as may be in the possession of the Owner. Such
documents or data will be returned to the Owner upon completion of
the work or upon the request of the Owner.
E. Pay the cost of making necessary soundings, borings, analyses of
materials and laboratory work performed by an Independent Certified
Materials Lab exclusive of the Engineer's supervision thereof.
F. Pay all plan review casts and all cost of advertising in
connection with the project.
Original documents, plans, design and survey notes represent the product and
training, experience, and professional skill , and accordingly belong to and
,.,.: , ' . : . ' '
remain the property 0 f, the Engineer who produced them regardless of whether
the instruments were copyrighted or whether the project for which they were
prepared is executed.
The Engineer shall furnish the Owner two copies of "as-built" drawings of each
phase of the project at his expense; and the Owner may, at his expense, retain
reproducible copies of drawings and copies of other documents and, in
consideration of which, it is mutually agreed that the Owner will use them
solely in connection with the project, save with the express consent of the
Engineer. Reuse of new projects by the Owner may require permission of the
Engineer and may entitle him to further compensation.
This agreement shall be binding upon the parties hereto, their partners, heirs,
successors, administrators and assigns; and neither party shall assign, sublet
or transfer his interest in this agreement without the prior written consent of
the other party hereto.
IN WITNESS WHEREOF, the Owner has caused these presents to be executed in its
behalf by its duly authorized representatives, and the said Engineer by its
duly authorized representatives, and the parties hereto have set their hands
and seals on the date heretofore set out.
CITY OF FAYETTEVILLE, ARKANSAS
Attest:
x 1 2� son,424,011..2
Mari n Jo Mayor
Clerk:
MILHOLLAND COMPANY
Attest: , '
,,az ,4 ,,,_
//�I
Melvin L. Mi 1 he'l l and, Owner
(i..Q'Pt C FJL,LI ''L v.._
OF S cretary