HomeMy WebLinkAbout59-76 RESOLUTIONRESOLUTION NO. Jr,44;
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT WITH MELVIN L. MILHOLLAND, PROFESSIONAL
ENGINEER, FOR ENGINEERING SERVICES FOR FISCAL YEAR 1976 - 1977
WATER IMPROVEMENTS.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk be, and they hereby are,
authorized and directed to execute a contract with Melvin L.
Milholland, Professional Engineer, for engineering services in
connection with fiscal year 1976 - 1977 water improvements. A
copy of said contract, marked Exhibit "A", is attached hereto
and made a part hereof.
PASSED AND APPROVED T11I4A4'DAY OF&EA/
dii,o4CA414_ , 1976.
ATTEST:
CITY CLERK
APPROVED:
244,4gonor. 4R/2X71
MAYOR
•
•
•
•
AGREEMENT FOR ENGINEERING SERVICES "run
. EAPIlarrik
THIS AGREEMENT, executed this 27 day of October
19 76, by and between the CITY OF FAYETTEVILLE, ARKANSAS, a
municipal corporation, hereinafter called "City", and Milholland
Engineering& Surveying , hereinafter called
"Engineer".
In consideration of the mutual covenants contained herein,
City and Engineer agree as follows:
1. City hereby employs Engineer to perform the engineering
services hereinafter set forth for the project described in Ex-
hibit "A" attached hereto and made a part hereof.
2. Engineer shall make all surveys, investigations (except
underground investigations), and shall make approximate and de-
tailed estimates to determine the location and cost of all parts
of proposed improvements in the project and the kinds and types
of lines and structures to be built in the project. Based upon
said surveys, investigations and estimates, engineers shall
•
prepare all necessary property descriptions, easement descriptions,
and plats. Engineer shall furnish complete detailed plans and
specifications for all project improvements. Engineer shall
supervise construction of all project improvements when a contract
for said improvements is let by the City. Engineer shall assist
City in preparing applications for governmental grants to finance
all or any part of the project, and shall assist City in selecting
materials for the project. Engineer shall attend any conference
or consultation when requested to do so by City.
3. Engineer shall provide at his expense a qualified en-
gineering staff to plan, design, prepare plans and specifications
for, and supervise and inspect construction of all project im-
provements in an efficient and expeditious manner. Engineer
shall maintain an office in the City of Fayetteville, Arkansas,
for said engineering staff until such time as the engineering
work to be performed under this contract has been completed.
•
•
-2-
4. Engineer shall keep complete records of all engineering
work performed under this contract. At any reasonable time,
- said records shall be made available by Engineer for inspection
by duly authorized representatives of City or of any governmental
agency which has made a grant to finance all or part of the project.
The following records shall remain at all times the property of
Engineer: working drawings, original stencils of specifications,
and field notes and tracings. Property survey plats and estimate.
calculations shall become property of City upon final payment
to Engineer for engineering services rendered under this contract.
All records required under this contract shall be maintained by
Engineer and made available to City or a governmental agency as
provided herein for a period of three years after final payment
to Engineer for services rendered hereunder.
5. Engineer shall make all surveys and shall stake locations
for construction of all project improvements. Engineer shall
supervise all borings, soundings, test pits, soil pits, or similar
investigations necessary for the safe and proper design and con-
struction of all project improvements. Engineer shall make any
additional investigations necessary to determine foundation con-
ditions for any structure to be erected.
6. Engineer shall direct and be responsible for all
engineering work necessary for the proper planning, designing,
and supervision of construction of all project improvements.
Engineer shall prepare all maps, plans, specifications, right-of-
way descriptions and blueprints for the project. Engineer shall
prepare, subject to approval by City, all bidding blanks, contract
forms, and bid advertisements and notices.
7. Engineer shall commence performance of this contract
within thirty (30) days of receipt of authorization by City to.
proceed.
8. Engineer shall assist City in securing approval of plans
and specifications from any governmental agency having jurisdiction
•
•
ri
•
•
over the project, including any governmental agency from which
a grant has been obtained to finance all or part of the project.
- Engineer shall tabulate all competitive bids received for construc-
tion of project improvements and shall make a recommendation
to City as to which bid, from an engineering standpoint, will
be to the best interests of the City to accept. Engineer shall
attend the public letting of all contracts for construction
of the project.
• 9. Engineer shall provide, at his own expense, a competent
engineering organization of sufficient size to furnish all necessary
lines and grades and perform all engineering work required by
this contract. Engineer shall carefully inspect construction
of all project improvements to determine whether said construction
is being performed in accordance with the plans and specifications
therefor. Engineer shall designate one member of his engineering
staff to be in charge of supervision of construction and who
shall carry the title of "Project Engineer".
10. Engineer does not guarantee performance of any contract
for the construction of project improvements. Supervision and
inspection of construction of project improvements by Engineer
shall not be deemed to make Engineer responsible for providing
a safe place for the performance of work by any contractor, sub-
contractor, or supplier.
11. Engineer shall prepare or approve all necessary
for monthly estimates of the quality of work'performed by
contractor and shall prepare certificates for payments to
made to the contractor during the construction of project
improvements. Upon completion of construction of all project
improvements, Engineer shall prepare and submit to City a final
construction estimate in the amount due the contractor as provided
in the contractor's construction contract. Engineer shall keep
a record of all work done by the contractor and shall keep a
record of certificates of payment to the contractor as construction
data
any
be
•
WINNE.
•
'MEE.
••
-4-
• work progresses. Upon request by the City or a governmental agency,
Engineer shall also prepare progress reports or such other special
reports as may be required.
12. Engineer shall furnish, and shall pay all costs of
printing, specifications, contracts, and blueprints of plans
necessary for securing bids from contractors for construction
•
of all project improvements. Engineer may charge bidders a
reasonable deposit for plans and specifications which deposit
shall be refunded upon return of said plans and specifications.
Engineer may charge suppliers the actual printing cost of documents
furnished for their use.
13. Engineer shall stake the project to designate the
necessary lines and grades. Engineer shall furnish all stakes,
equipment for staking, and transportation for staking.
14. At the completion of construction of the project,
the Engineer shall furnish "as -built" tracings or negatives
to City showing all parts of the project as actually constructed.
Engineer shall keep accurate records of project changes and
•
the details of the work as constructed. Engineer shall record
project changes as the work progresses, so that upon completion
of the project, the "as -built" plans will reflect the project
as actually constructed.
15. City shall provide all rights-of-way and rights -of -
entry necessary for the Engineer to conduct preliminary surveys
and to make investigations necessary to properly locate and
construct project improvements.
16. City shall pay the cost of all soundings and borings
exclusfVe of engineering supervision thereof. City shall pay
for analyses of material and laboratory work, where required.
The laboratory shall be chosen by City in consultation with 4
Engineer.
17. City shall pay for all advertising for contracts and
shall pay for any other advertising necessary to complete the
••••
.1•1'
•
•
•••
••••
project. City shall pay for any permits or inspection fees
required by governmental or private agencies and.shall pay all
review fee& required by any governmental reviewing agency.
18. Engineer shall be liable for any damages caused to
public or private property by Engineer.
19. City shall furnish Engineer such -plans, records of
construction and operation, or copies of the same, bearing on
the project which it may have in its control. All such plans,
records, or other data so furnished shall be carefully preserved
by Engineer and shall be returned to City at completion of the
project, or at the request of City.
20. Engineer shall not be responsible for the keeping
of time or fiscal records beyond that required for ascertaining
pay quantities due contractors.
21. Engineer shall not enter into any sub -contract for
the engineering work required under this contractor without
first securing the written approval of the City Engineer. Engineer
shall, as soon as practical after the execution of this contract,
submit to the City Engineer, in writing, the names of any sub-
contractors he proposes for any part of the engineering work
required hereunder. Nothing contained herein shall create any
contractual relation between any sub7contractor and City.
22. Prior to commencing work under this contract, Engineer
shall secure the following insurance and file certificates of
such' insurance with the City:
(a) Comprehensive general public liability insurance with
bodily injury limits of $100,000.00/$300,000.00 and property
damage, limits of $50,000.00.
(b) Comprehensive automobile liability insurance with
bodily injury limits of $100 000.00/$300,000.00 and property
damage limits of $50,000.00.
(c) Standard workmen's compensation and employer's liability
insurance.
di•
.•••
•
4 b.
•
•
•
•
a (d) Contractual liability insurance with bodily injury
limits of $100,000.00/$300,000.00 and.property damage limits of
$50,000.00.
23. In consideration for engineering services provided
under this contract, City shall pay Engineer as follows:
(a) Field survey party for preliminary design, construction
stakes, measurements for periodic instruments; two, three or four
man party: $30.00/Hour , total compensation.
(b) Office engineer for designs, studies, computations, pre-
paration of specifications: $22.00 per hour, total
compensation.
(c) Engineering aide to assist in calculations, preparation
of legal descriptions: $14.00 per hour, total compensation.
(d) Draftsman to prepare plans and easement descriptions:
$9.00 per hour, total compensation.
(e) Construction supervision and inspection: intermittent:
$14.00 per hour, total compensation; all day: $75.0C per
day, actual work days while project under construction, total
compensation.
(f) The maximum compensation due Engineer under this contract
shall not exceed $13,860.00
Compensation due Engineer under. this contract shall be payable
based upon accrued monthly invoices payable by the 10th of the
month following each invoice. In the event City fails to pay
Engineer by the 10th of any month, interest at the rate of ten
(10) per cent per annum shall be charged on the unpaid balance
and paid to Engineer.
24. Change orders shall be permitted by Engineer, upon
request of City. In the event of a change order, compensation
due Engineer shall be as specified in Paragraph 23 hereof; provided,
the maximum compensation due Engineer under this contract shall
be adjusted by negotiation between City and Engineer.
25. This agreement shall be binding upon the parties hereto,
their heirs, successors, administrators, and assigns. Neither
•
•
•
•
•
party shall assign, sublet,
agreement without the prior
hereto.
26.
.over any
cided by
In the event of a
•
•
or transfer his interest in this
written consent of the other party
dispute between City and Engineer
provision of this contract, said dispute shall be de -
arbitration.
City and Engineer shall each select one
arbitrator with the two arbitrators so selected to select a
third arbitrator. The decision of the three arbitrators so
selected shall be binding upon City and upon Engineer.
This agreement executed on the date first above written.
. ATTEST:
ATTEST:
BY
CITY CLERK
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
BY (71t)
MAYOR
•
ENGINEER
BY `Pzial, a las,
tIILIJCLFJJ
itenEsi
CITY PARK
ROOK>DOC
REBECCA
JOHNS •
DAVID CR
Ban
WATSON
••••=1... L& TETT
RESCeNT
t 4 • t
SS URI s•T‘I
utTEADrVI
CENTER
LiGliTCN
DRNE
101:312001
SOUTH
471i
•
t,
„At I AL D
r.:auFtEl
I?
7:mEP5.I5 E. 1gi11
7 TH
0
0
ONOMII•
•
•
•
•
•
••••
FY 1976-77• WATER
SCHEDULE 11
REPLACE LINES IN THE AREA
BOUNDED BY REBECCA, SPRING,
FLETCHER AND COLLEGE.
•
1
EXPI IT7A
•
RD.
OPLAR
^AMOR'
- FY 1976•47 WATER
SCHEDULE 1
GREGG-TOWNSHIP TO POPLAR