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HomeMy WebLinkAbout42-77 RESOLUTIONS RESOLUTION NO. 60-77 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ENGINEERING CONTRACT WITH MELVIN L. HILHOLLAND D/B/A MILHOLLAND ENGINEERING AND SURVEYING FOR THE INSTALLATION OF A COMMUNITY DEVELOPMENT SEWER LINE ON HIGHWAY 16 EAST. 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 d/b/a Milholland Engineering and Surveying for the installation of a community development sewer line on Highway 16 East. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED THIS /7 DAY OF ATTEST: APPROVED: , 1977. Ca/4 n tO MAYOR MICROFILMED. DATLoc1ara979 REEL MICROFILMED° to DATE .-...11101,117.yrtrr”.•• m. • ET, 6•4 de' • . AGREEMENT FOR ENGINEERING SERVICES 'EXHIBIT:A TH/S AGREEMENT, executed this a --day of. - 10 , by and between the CITY OF FAYETTEVILLE,- ARKANSAS, a municipal corporation, hereinafter called -"City", and _ . Voir AILHOLLAND ENGINEERING & SURVEYING "Engineer". hereinafter called 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. far the project -described in Ex- hibit !A" attached hereto and made a parthereof. 24: 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, arid plats. Engineer shall furnish complete detailed plans and speCifications for all project iraprovements. 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. • • ..; 1i. 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. 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 shall 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 • • `.7 . • Ir'"-rATrommt..ctql, ,t• wk•-••• •v.tiaa.‘!".•, .ti•••••• ttn... murv.a....t.....•••rt.'eleonrtrentO • • • 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 data for monthly estimates of the quality of work performed by any contractor and shall prepare certificates for payments to be 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 • 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 biueprint& 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. 16. City shall provide ell 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 exclusive 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 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 fees 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 sub -contractor 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. • -• • • (d) Contractual liability insurance with bodily injury ''11.as of $100,000.00/$300,000.00 and property damage limits of $50,000.00. 23. /n 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 per Hour , total compensation. (b) Office engineer for designs, studies, computations, pre- paration of specifications: $24.00 per Hour per hour, total compensation. (c) Engineering aide to assist in calculations, preparation of legal descriptions: $16.00 per hour, total compensation. (d) Draftsman to prepare plans and easement descriptions: • $10.00 per hour, total -compensation. (e) Construction supervision and inspection: intermittent: $14.00 per hour, total compensation; all day: $75.00 per day, actual work days while project under construction, total • compensation. (f) The maximum compensation due Engineer under this contract shall not exceed M50.00 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 ,'":1PrrrI.0."5-nmsquawymmr...„. party shall assign, sublet, or transfer his interest in this agreement without the prior written consent of the other party hereto. 26. In the event of a dispute between City and Engineer over any provision of this contract, said dispute shall be de- cided by 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: Qt(fAleiCe)%taYLCAA-Otir CITY CLERK ATTEST: CITY OF FAYETTEVILLE, ARKANSAS, A Municipal Corporation BY bIAYOR -181E18011ANS ENGINEEKING 84 SURVEYING tNGINEER "mo. • • P. 0. DRAWER F .A.TRIC.A.1\TS.A.S CITY ENGINEER'S OFFICE 72701 601) 521-7700 May 5, 1977 ADDENDUM NUMBER 1 TO THE CONTRACT HIGHWAY 16 EAST SEWER EXTENSION FAYETTEVILLE, ARKANSAS • The Engineer will be prepared to Advertise for Bids within 45 days from the time of the signing of this Engineering Contract? SM/kb cod atAL ACTING CITY ENGINEER `A I LVIN MILHOLLAND • • RESOLUTION NO. h4? -77 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ENGINEERING CONTRACT WITH MELVIN L. HILHOLLAND D/B/A MILHOLLAND ENGINEERING AND SURVEYING FOR THE INSTALLATION OF A COMMUNITY DEVELOPMENT SEWER LINE ON HIGHWAY 16 EAST. 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 d/b/a Milholland Engineering and Surveying for the installation of a community development sewer line on Highway 16 East. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED THIS /7 DAY OF ATTEST: APPROVED: , 1977. MAYOR • • • • • • RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ENGINEERING CONTRACT WITH MELVIN L. HILHOLLAND D/B/A MILHOLLAND ENGINEERING AND SURVEYING FOR THE INSTALLATION OF. A COMMUNITY DEVELOPMENT SEWER LINE ON HIGHWAY 16 EAST. 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 d/b/a Milholland Engineering and Surveying for the installation of a community development sewer line on Highway 16 East. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. • PASSED AND APPROVED THIS /7 DAY OF tntair , 1977. ATTEST • APPROVED: e-fire-42T/Te‘24-2-4;Lek— MAYOR 4A -hot -0 ITY CLERK • • ':'r." .t• .• .6 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, executed this N day of 19 , by and between the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation, hereinafter called "City", and kILHOLLAND ENGINEERING & SURVEYING , hereinafter called "Engineer". /n 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 projectdescribed in Ex- hibit 'A" attached hereto and made'a part.hereof. 2. Engineer shall make ail surveys, investigations (except underground investigations), and shall, make approximate and de- tailed estimates to determine the location and cost ofi 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, snd 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. a-mm.6 e r.rtOW”Sit'••• .41 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 shall 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 • • '111"1:74WWWWV^Vfl"m5.7:m^:flret7.,n • 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 data for monthly estimates of the quality of work performed by any contractor and shall prepare certificates for payments to be 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 • 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 exclusive 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 Engineer. 17.. City shall pay for all advertising for contracts and shall pay for any other advertising necessary to complete the • • • • project. City shall pay for any permits or inspection fees required by governmental or private agencies and shall pay all review fees 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 sub -contractor 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 550,000.00. (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. • • (d) Contractual liability insurance with bodily injury limits of $100,000.0*3.00,000.00 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 per Hour , total compensation. 04 Office engineer for designs, studies, computations, pre- paration of specifications: $24.00 per Hour per hour, total compensation. (c) Engineering aide 'to assist in calculations, preparation of legal descriptions: $16.00 per hour, total compensation. • (d) Draftsman to prepare plans and easement descriptions: • $10.00 per hour, total compensation. (e) Construction supervision and inspection: intermittent: $14.00 per hour, total compensation; all day: $75.00 per day, actual work days while project under construction, total compensation. (f) The maximum compensation due Engineer under this contract shall not exceed $2250.00 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. ii. 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 • 'KV! • 411.0401-"MaNa. Par 4,10•%•••••01. Fla I." l• td1:310.." eT___.- party shall assign, sublet, or transfer his interest in this agreement without the prior written consent of the other party hereto. 26. In the event of a dispute between City and Engineer over any provision of this contract, said dispute shall be de- cided by 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. CITY OF FAYETTEVILLE, ARKANSAS, A Municipal Corporation BY MAYOR ATTEST: 1LeYtte.diati-4-4-• ATTEST: BY CITY CLERK MIIHOLIAND ENGINEEKING.€4 SURVEYING ENGINEER BYC"-. ,Ics.lze//at • •••• a -P.•• 6r" • nrEnt •re • • •o 7- 4 .. b•QT. •••••• Vs) •-•• ••• e% n n.N 1.4 0O • t .404 0 11 0 0 • 1 •••••••••....t.i•14 ad• ...