HomeMy WebLinkAbout33-79 RESOLUTION•
RESOLUTION NO. 3 3-1
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES WITH MCGOODWIN,
WILLIAMS, AND YATES, INC. FOR STREET AND SIDEWALK CONSTRUCTION
UNDER THE CITY'S 1977 COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM.
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 an engineering agreement with McGoodwin,
Williams, and Yates, Inc. for engineering services for the
construction of streets and sidewalks under the City's 1977
Community Development Block Grant Program. A copy of the
agreement authorized for execution hereby is attached hereto
marked "Exhibit A" and made a part hereof.
PASSED AND APPROVED this /')V day of
ATTEST-"-.
t= . . Y cak
i -., CITY C1
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APPROVED:
MA OR
1979.
MICROFILMED
DATE JUN 1 5 1979
REEL °� a
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AGREEMENT FOR ENGINEERING SERVICES
FOR
STREET AND SIDEWALK CONSTRUCTION
• EXHIBIT :A
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THIS AGREEMENT, made and entered into this /17-14-- day of e� ,
1979, by and between the City of Fayetteville, Arkansas, hereinafte referred
to as the "Owner," and McGoodwin, Williams and Yates, Inc., Consulting Engineers
of Fayetteville, Arkansas, hereinafter referred to as the "Engineer,"
WITNESSETH THAT:
WHEREAS, the Owner desires to improve, construct or reconstruct certain
streets and sidewalks within the City of Fayetteville; 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. Description of Project
The project for -which engineering services are to be provided is generally
described as follows:
Streets - This work shall consist of improving the following, streets
in various manners as generally directed by the Owner.
Whillock (from Highway 71, east to end of street)
East Farmers (from Highway 62, south to end of street)
Combs (from Huntsville Road, south to existing curb
and gutter)
Montgomery Street
Greenwood Street
Alta Street
Irene Street
Sligo (from Ashwood to Vale)
Sycamore (from Woolsey, west to Gregg)
Some of the above listed streets also require the
construction of parallel sidewalk as a part of the
work.
Sidewalks - Garland Avenue (Sycamore to Mt. Comfort Road)
Sixth Street (College to Wood)
Seventh Street (College to Wood)
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Section 2. Scope of Engineering Services
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The Engineer shall provide a suitable staff to perform basic engineering
services; construction management, including full time resident inspection; and
land surveys as directed. These various types of work are more specifically
defined as follows:
A. Basic Engineering Services:
Work to be done under this item shall consist of the following:
1. Make field surveys of the various sites to establish the
data necessary for the preparation of plans and specifi-
cations in order to build the contemplated improvements.
The field surveys shall include the location of all existing
utilities as best can be located without excavation and the
location of apparent street right of way lines.
2. Prepare a preliminary overall design and cost estimate and
review same with the Owner prior to final design.
3. Prepare plans and specifications for the proposed improve-
ments. The plans shall show the location of the apparent
street right of way lines.
4. Meet with representatives of all involved utility companies
and governmental agencies to coordinate the overall project.
5. Prepare detailed cost estimates.
Assist the Owner in the advertising for and receiving of
construction bids, including recommendations to the Owner
regarding award of construction contract.
7. Advise the Owner as to areas of the project where it appears
that construction activity will take place on private property
and, therefore, will require detailed land surveys and
preparation of plats for easement acquisition.
8. Advise the Owner as to soils investigations that might be
required and assist in the coordination of the surveys.
The cost of the soils investigations shall be borne by the
Owner.
All of the above, described work shall be completed in such time that the
Owner may receive construction bids on or about 60 days after the Engineer
receives a Notice to Proceed on the project.
Compensation to the Engineer for work to be done under this section will
be a lump sum amount as hereinafter set out in Section 3.
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B. Construction Management
Under this phase the Engineer will perform the following items of work:
1. Provide for periodic visits to the job sites by a professional
engineer to observe the overall progress and quality ofthe
executed work.
2. Provide for full time resident inspection of the various
job sites.
3. Provide a survey crew to lay out the project for construction,
excluding any necessary land and right of way surveys.
4. Provide a project engineer to manage and coordinate the
construction activities.
5. Provide other personnel such as secretaries, draftsmen,
engineering technicians, etc., as may be needed to assist
the project engineer in the various activities that may be
required.
6. Prepare monthly partial payment estimates and a final payment
estimate to the contractor, including the assembly of written
guarantees which are required by the contract documents.
7. Provide for final inspection of the project in the company of
representatives of the Owner, the project engineer, a represent-
ative of the contractor and any other party designated by the
Owner.
Payment for the above described work shall be made on an hourly basis as
further defined in Section 3 of this contract.
C. Land Surveys
Under Paragraph "A" of this section it is set out that the Engineer will
advise the Owner as to locations where, in the Engineer's judgment, land
surveys should be conducted for the purpose of establishing right of way
and/or preparation of tract plats needed for easement acquisition. After the
Engineer has fulfilled the above described responsibility, the Owner may
elect to direct the Engineer to perform certain land surveys and to prepare
certain tract maps. As directed by the Owner, the Engineer will perform the
following work:
1. Provide the necessary land record research to determine
the apparent land owners, descriptions of the land owners'
properties, subdivision plats, and surveys or other data
that may be required in order to perform the land surveys
needed.
2. Provide an experienced land survey crew to make the necessary
field surveys to establish the land lines that are needed.
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3. Prepare tract maps and easement descriptions
required.
The work to be done under this section shall be done
as set out in Section 3 of this agreement.
Section 3. Compensation
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as may be
on an hourly basis
Compensation for the various types of services to be provided under this
contract shall be made as follows.
A. Basic Engineering Services
Compensation for basic engineering services shall be a lump sum fee
amount of $17,370. This fee includes full compensation for every item of work
as described in Section 2-A. The fee is based on an estimate of the various
classifications of work at the hourly rates set out below. The hourly rates
include direct laborcosts plus allowances for indirect labor costs, overhead
and profit.
Principal Engineers (30 Hours @ $62.50)
Project Engineer (120 Hours @ $27.25) Engineering Technicians (80 Hours @ $20.00) Draftsmen (200 Hours @ $15.00)
Clerical Workers (70 Hours @ $17.50)
Survey Crew, 3 -Man (160 Hours @ $40.00)
TOTAL
$ 1,875.00
3,270.00
1,600.00
3,000.00
1,225.00
6,400.00
$17,370.00
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B. Construction Management
Compensation for construction management shall be based on the actual hours
of the various classifications of employees that may be necessary to perform the
work. The total fee shall not exceed $21,705.00 so long as the total construction
time is six months or less from the date of the Notice to Proceed to the
construction contractor. If the total construction time exceeds six months,
then the Engineer shall be compensated for the additional time a resident
inspector is required to be on the project.
The rates to be charged for the various classifications of personnel are
set out below Along with the rates is an estimate of the hours that will be
required to perform the work.
Principal Engineers (10 Hours @ $62.50)
Project Engineer (80 Hours @ $27.25)
Engineering Technicians (40 Hours @ $20.00)
Clerical Workers (80 Hours @ $17.50)
Survey Crew, 3 -Man (80 Hours @ $40.00)
Resident Inspector (900 Hours @ $15.00)
TOTAL
$ 625.00
2,180.00
800.00
1,400.00
3,200.00
13,500.00
$21,705.00
The hourly rates shown above include total compensation to the Engineer
all expenses as described in Paragraph "A" above.
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C. Land Surveys
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Compensation for land surveys and other work related thereto will be
based on the hours of work actually required. The rates to be charged for
the various classifications of personnel shall be identical to those set out
under Paragraph "A" above.
In addition, the classification of "Registered Land Surveyor" is hereby
added, and compensation for a Registered Land Surveyor's time shall be
$25.00 per hour, which shall include full compensation to the Engineer for
every item of expense as described under Paragraph "A."
Only work as directed by the Owner shall be done under this section of
the contract. There is no estimate as to the total amount of work which
might be required under this section since that can only be determined after
the work required under the basic engineering provision is essentially
complete.
D. Method of Payment
Partial payments to the Engineer shall be made as follows.
1. Basic Engineering Services
Fifty percent (50%) upon completion of field surveys and
preliminary design.
Twenty-five percent (25%) upon completion of final plans
and specifications and submittal to the Owner.
Twenty-five percent (25%) after receipt of construction
bids and recommendation to the Owner concerning contract
award.
2. Construction Management
Payment to be made on a monthly basis during the construction
phase.
3. Land Surveys
Payment to be made upon completion of the various items of
work as directed by the Owner on a monthly basis.
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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.
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.
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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.
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.
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.
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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 of 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 6. 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.
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 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.
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Section 7. Other Provisions
In connection with the project, the Owner shall:
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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 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 con-
struction 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 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.
E . Pay the cost of making necessary soundings, borings, analyses of
materials and laboratory work exclusive of the Engineer's supervision thereof..
F. Pay all plan review costs and all cost of advertising in connection
with the project.
Original documents, plans, design and survey notes represent the product
and training, experience, and professional skill, and accordingly belong to
and remain the property of, the Engineer who produced them regardless of
whether the instruments were copyrighted or whether the project for which they.
were prepared is executed.
The Engineer shall furnish the Owner two copies of "as -built" drawings
of each phase of the project at his expense; and the Owner may, at his expense,
retain reproducible copies of drawings and copies of other documents and, in
consideration of which, it is mutually agreed that the Owner will use them
solely in connection with the project, save with the express consent of the
Engineer. Reuse for new projects by the Owner may require permission of the
Engineer and may entitle him to further compensation.
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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 set out.
Attest.
Ange
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Attest:
e. // l _cci 2a
R. Medlock, City Clerk
t 2i
pr1Li L}' -e 5
acqueline S. Ross,
CITY OF FAYETTEVILLE, ARKANSAS
David Malone, Mayor
McGOODWIN, WILLIAMS AND YATES, INC.
Sec.-Treas.
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