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Home My WebLink About40-88 RESOLUTION RESOLUTION NO. 40-88 SCANNED A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT FOR ENGINEERING SERVICES WITH CRAFTON, TULL, SPANN AND YOE. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Craf ton, Tull, Spann and Yoe for engineering services relating to the relocation of water lines and sewer encasements in the vicinity of new Highway 265 and Cato Springs Road. A copy of the aforesaid contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 7th day of June , 1988. APPROVED By: W`Mayor U AT' EbT .' ;, By): to . - s � y ,C • fld+ • • s AGREEMENT FOR ENGINEERING SERVICES ,C'01.\l"Et For UTILITY ADJUSTMENTS CITY OF FAYETTEVILLE, ARKANSAS THIS AGREEMENT, made and entered into this /� day of , 1988, by and between the CITY OF FAYETTEVILLE, ARKANSAS, herein ter referred to as the "OWNER" , and CRAFTON, TULL, SPANN & YOE, INC. , CONSULTING ENGINEERS of Rogers, Arkansas, hereinafter referred to as the "ENGINEER" . WITNESSETH THAT: WHEREAS, the OWNER is in need of professional engineering services for the preparation of Plans and Specifications for the Relocation of Water Lines and for Sewer Encasements in the vicinity of new Highway 265 and Cato Springs Road, Fayetteville, Arkansas, 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 . SCOPE OF ENGINEERING SERVICES The ENGINEER shall perform all work and provide all services required to develop Detailed Plans and Specifications for the construction of Water and Sewer Adjustments and Relocations in the area of the new Highway 71 and the Highway 265 interchange. The Scope of Work includes, but will not be limited to: 1. Coordination of the project with the Arkansas Highway and Transportation Department. 2. Development of the Detailed Plans and Specifications for the relocation of Water Lines required to be relocated due to the Highway construction. The attachment shows the lines involved and the estimated quantities. Also included in the work is the engineering required to construct sewer line crossings for future use. 3. Preparation of all easement documents, including the necessary field surveys. 4. Preparation of any necessary AHTD Permits. - 1 - 4. Preparation of any necessary AHTD Permits. 5. Management of the Bid Phase of the project and the recommendation of Bid Award. 6. Construction Management. 7. Determination of the reimbursable portion of the work and the documentation necessary to satisfy AHTD requirements. It is the intent of this Scope of Work to obtain a complete turnkey project. It would be the intent of the City to acquire easements necessary for construction. The need for easements should be identified as early as possible in the project and coordinated with the City's Land Agent, Bert Rakes. Section 2. SCHEDULE The ENGINEER agrees to begin the work promptly upon receipt of a notice to proceed from the OWNER, and to have final Plans and Specifications submitted to the OWNER within 45 calendar days from notice to proceed. Time is expressly made of the essence of this Agreement. Section 3. COMPENSATION Compensation for the services to be provided under this Contract shall be made as follows: PART I Lump Sum price for completed detailed plans and specifications, including all surveys $4,990 Hourly rates for preparation of Plans and legal descriptions for right-of-way purposes: A/E VII $60 / hour Prof. VII 40 / hour Prof. V 30 / hour Prof. III 20 / hour PART II Lump Sum price for the Bid Phase thru recommendations of award $1,000 PART III Not to exceed figure for Construction Management $3,500 The OWNER shall make partial payments to the ENGINEER on a monthly basis for work performed by the ENGINEER. The OWNER may retain ten percent of the payment until the ENGINEER has completed the work contained in this agreement. - 2 - i 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 represents 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. - 3 - 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. Assignability The ENGINEER shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or novation) 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 audit, examination, excerpts, and transcriptions. H. Estimates Since 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 ENGINEER's experience and qualifications and represent his best judgment, being familiar with the industry, but ENGINEER cannot and does not guarantee that established costs will not vary from estimates prepared. - 4 - I . 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. Amount of coverage shall not be less than: $100,000 each accident/disease/death; and $500,000 Each occurance - property damage. J. 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 6. 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 of this nondiscrimination 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 7 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 indirect, in this contract. - 5 - i B. In•terest 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 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 8. 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. Make provisions 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. 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. D. Pay all costs of advertising in connection with the project. All plans and specification prepared by the ENGINEER under this contract shall become the property of the City and may be used by the City for construction purposes upon payment of the consideration due the ENGINEER hereunder for preparation of said plans and specifications. 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. - 6 - 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: Mari yn Joh son, yor C Clerk Attest: 1Bo H. 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' • •. / • -- 1 --. 20C i •-•"" / / • - • • . / ! • 3 i I '• - • I' • ec2,56f-770A-L5 . _ , . .,. .7- , , . ..'', t / I - • ' .7- •1 - 5pwie .-: .. ., . . , . . • ••••• P * " . n ..... .. ..,... .'-• • [ ,• • • ' ......-..•••. ....- ,..........-+••• •-•••• ••• ...... • .. • . . . . .• . ,k - .1 , . . ,•• io,j,-1 .. Rt. ' ' : ... ' ... • - ' `.\ 1 1 ' - - ,.\ - _ . • k• - • . , -•. k .." -.. .• JT ,-i .i • I . / . I i '' ' • , %• '• • , - . ‘. ' , •o ' ? ; . • . it ••.,, ' • ' ' •".. • r • P • .. ' I' . .. _. ." . • - • . • AMENDMENT NO. 1 AGREEMENT FOR ENGINEERING SERVICES C)fll-ME° FOR UTILITY ADJUSTMENTS CITY OF FAYETTEVILLE , ARKANSAS This Amendment No. 1 to the original contract dated June 13 , 1988 , between the City of Fayetteville, Arkansas and Crafton, Tull , Spann & Yoe, Inc . , Rogers, Arkansas , is for the purpose of expanding the scope of work of the original contract and compensating the Engineer for the additional services . SECTION 1 SCOPE OF ENGINEERING SERVICES The Engineer is still required to complete the work items described in 1 through 7; however, the amount of such work has been increased due to certain requirements of the Arkansas Highway Department in relocating utilities within the control of access limits. SECTION 3 COMPENSATION PART I Lump sum price for completed detailed k plans and specifications, including all surveys $ 6, 565 .00 Easements and Descriptions $ 1 , 745 .00 PART II Lump sum price for the Bid Phase thru recommendations of award (no change) $ 1 ,000.00 PART III Not-to-exceed for Construction Management unless further concurrence from Owner $ 7 ,752 .00 REVISED FEE $17 ,062 .00 EXHIBIT A All other ' stipulations of the original contract remain unc n ed. This Amendment Number 1 agreed to this ,Y.rday of , 1988 . Attest: CITY OF FAYETTEVILLE, ARKANSAS na.,„1,}_y„)• a 1, e C-Ab(/ Marilyn son. Mayor ity Clerk Attest : Bob H. Cra ton, P sidennt ?u< q Lem Tull , Sec. /Treasurer