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