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HomeMy WebLinkAbout21-88 RESOLUTION RESOLUTION NO. 21-88 SCAN N E D A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CONTRACTS WITH NORTHWEST ENGINEERS FOR PLANS AND SPECIFICATIONS FOR JOYCE STREET IMPROVEMENTS AND WITH JIM BLACK FOR OPERATION OF THE LAKE FAYETTEVILLE BOAT DOCK. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby author- ized and directed to execute a contract with Northwest Engineers, Inc. to develop plans and specifications for Joyce Street improve- ments. A copy of said contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2 . That the Mayor and City Clerk are hereby author- ized and directed to execute a contract with Jim Black for operation of the Lake Fayetteville Boat Dock. A copy of said contract is attached hereto marked Exhibit "B" and made a part hereof . PASSED AND APPROVED this 5th day of April , 1988 . APPROVED By: Mayor ATT S'l"/2 f m 1 ' 9 ti By: f uLe_ /��� �U y Clerk • AGREEMENT FOR ENGINEERING SERVICES M.ICROFfl10 FOR DESIGN OF STREET AND STORM DRAINAGE IMPROVEMENTS PROJECT NO. 5688 THIS AGREEMENT, made and entered into this P day of 1988 , by and between the City of Fayetteville , her inafter referred to as the "Owner " , and Northwest Engineers , Inc . , Consulting Engineers of Fayetteville , Arkansas , hereinafter referred to as the "Engineer " . WITNESSETH THAT: WHEREAS , the Owner desires to make specific improvements within the City of Fayetteville requiring the services of an Engineer ; and WHEREAS , the Engineer has sufficient experienced personnel and equipment to perform the work described in this Agreement ; Now 1HEREFORE , in consideration of the mutual covenants and agreements herein contained , the Owner and 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 for the compensation as hereinafter set out . Section 1 . Description of Project The project for which engineering services are to be provided is generally described as street and storm drainage improvements to Joyce Street from the Old Missouri Road intersection East to State Highway 265 . Section 2 . Scope of Engineering Services The Engineer shall provide a suitable staff to perform all work and provide all services required to develop detailed plans , specifications and bid documents , more specifically defined as follows : A. Land Surveys 1 . Provide surveys necessary to establish the existing and required right-of-way . B . Plats and Legal Descriptions 1 . Prepare plats and write legal descriptions of all parcels of land that will have to be acquired in connection with the project . C . Soil Testing 1 . Provide soil tests adequate to determine the paving section required for the street . D . Construction Plans , Specifications and Bid Documents 1 . Perform detailed field surveys to establish data necessary for the preparation of construction plans . 2 . Locate all existing utilities as best can be determined without excavation through coordination with the various utility companies . 3 . Design street and storm drainage structures . 4 . Prepare detailed construction plans and specifications for the project . 5 . Prepare any permit applications required for Highway Department approval . 6 . Prepare preliminary cost estimates . E . Advertising and Acceptance of Bids 1 . Assist the Owner with the advertising for bids , acceptance of bids and recommendation of bid award . Section 3 . Commencement of Work and Compensation The Engineer shall commence work upon receipt of a written notice to proceed and shall submit for approval completed plans within 90 days of that date . Revisions requested or required by the owner and/or the Arkansas Highway and Transportation Department will be made upon notification of same . Time is of the essence with this agreement . Compensation for the various types of services to be provided under this contract shall be made as follows : A . Design Fee Compensation for all items of work described above in Section 2A, 2C and 2D shall be a lump sum fee of $15 , 350 . 00 and shall be due and payable monthly in proportion to the amount of work completed . B . Plats and Legal Descriptions Compensation for the work: described in Section 28 above shall be based upon the actual hours required to provide the service . The hourly rate for this work: shall be $30 . 00 per hour , which shall be due and payable monthly . The total fee for this work shall not exceed $2 , 400 . 00 . C . Bid Phase of Project Compensation for the work described in Section 2E above shall be a lump sum fee of $500 . 00 which shall be the fee for advertising for and accepting of bids one time and shall be due and payable upon recommendation of the contract . 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 this 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 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 represented that he has , or will secure at his own 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 . 2 . 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 . 3 . 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 . Access to Records The Owner 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 audit , examination , excerpts , and transcriptions . G. 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 cost provided are to be made on the basis of Engineer ' s experience and qualifications and represents his best judgment , being familiar with the industry , but Engineer cannot and does not guarantee that established costs will not vary from estimates prepared . H. Insurance 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 . I . Successors and Assigns Each party of this contract binds himself and his partners , successors , executors , 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 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 termination ; rates of pay or other forms of compensation ; and selection for training , including apprenticeship . The Engineer agrees to post in conspicuous places , available to employees and applicants for employment , notices to be provided by the Contracting Officer setting forth the provisions for 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 5 . 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 or indrect , 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 herefrom . 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 of 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 thorough 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 . Hal•::e provision 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 possesion 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 . 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 setout . CITY OF FAYETTEVILLE , ARKANSAS MariC lyrl John on , Mayor ATTEST : "9//(1..4 Suza e McWethy , City erk NORTHWEST ENGINEERS, INC. F . Ervan Wimberly , Pre ident ATTES ': Harry G Gray , Vice-Pr ident r` CONTRACT This CONTRACT executed this 6th day of April 1988 , by and between the City of Fayetteville, Arkansas , herein- after called the "City, " and Jim Black, hereinafter called the "Operator. " WHEREAS, the City of Fayetteville owns a boat dock at Lake Fayetteville; and, WHEREAS, the City desires to contract for the operation of said boat dock; and, WHEREAS, the Operator desires to operate a business at said boat dock. NOW, THEREFORE, the City and Operator hereby mutually agree as follows: 1 . The City hereby retains the Operator to operate the City' s boat dock at Lake Fayetteville. The Operator shall be an independent contractor and shall not be a City employee. 2 . For services rendered by the Operator under this contract, the City shall pay the Operator a total of $17 , 524 . 00 to be paid in 26 equal bi-weekly payments . 3 . The Operator shall be permitted to conduct the following business at the Lake Fayetteville Boat Dock: (a) Sell concessions in compliance with all State, Federal and Local regulations ; (b) Sell fish bait; (c) Rent boats and motors to the public; and (d) Provide other services which the City' s Parks and Recreation Director determines will enhance the operations at Lake Fayetteville. 4 . The Operator shall obtain prior approval of the City' s Parks and Recreation Director, or his designee, for any special event conducted at Lake Fayetteville. 5 . The Operator shall open the Lake Fayetteville gate at sunrise and close said gate at sunset, seven ( 7 ) days a week. The dock shall be closed Thanksgiving day and from December 24th to January 14th. -2- 6 . The Operator shall collect for the City all boat stall and storage rentals , and all fees for fishing and boating permits. Said rentals and fees shall be deposited with the City Finance Department each Monday. The Operator shall keep accurate written records of all such fees and rentals . Said records shall be sub- ject to inspection by the City. The Operator shall keep such other records and such reports as may be requested by the City' s Parks and Recreation Director. 7 . The Operator shall enforce all the rules and regulations for the use of Lake Fayetteville set out in §13-12 of the Fayetteville Code of Ordinances. 8 . The Operator shall maintain in full force and effect at all times during the term of this contract liability insurance with a minimum coverage of : ( a) $100 , 000 . 00 for personal injury or death to one ( 1 ) person; and (b) $200 , 000 . 00 for personal injury or death to two ( 2 ) or more persons. 9 . The Operator shall mow the yard surrounding the boat dock office and dock area at least once per week. 10 . The Operator shall pick up trash and clean the office and bathroom on a daily basis. 11 . The term of this contract shall be for one ( 1 ) year commencing on April 6 , 1988 , and terminating on April 5 , 1989 , at sunset; provided, either party may terminate this contract at any time by giving the other party thirty ( 30 ) days written notice of termination. IN WITNESS WHEREOF, this contract has been executed on the date first above written. CITY OF FAYETTEVILLE, ARKANSAS By: 50t4.444r."..., Ma or ATTEST By: C" y Clerk ?"2: _ J. Black, Operator