HomeMy WebLinkAbout33-81 RESOLUTIONMews
RESOLUTION NO. 33.81
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH MILLHOLLAND AND ASSOCIATES
FOR ENGINEERING SERVICES FOR THE CONSTRUCTION OF A
PORTION OF DUNCAN AND VAN BUREN STREETS AND A SANITARY
SEWER LINE ON HUNTSVILLE ROAD UNDER THE CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVI'LLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a contract with Millholland and Associates
for engineering services for'the construction of 12th Street
from Duncan to a dead end and Van Buren Street from Duncan to
15th Street and for the construction of a sanitary sewer line
on Huntsville Road from Sherman Street west approximately
,2,000 feet at a toal engineering contract price not to exceed
$24,098.33. A copy of the contract authorized for execution
hereby is attached hereto marked Exhibit "A".amd made a part
hereof.
PASSED AND APPROVED this
•
"Faik
Zmi
1s =
AUL A2Z X ,
' y- CZTT-CLERK
•
day of Mimi) , 1981.
•
APPROVED:
•
•
:cr_l.TL'I_CWt cfki I uQaP;
State of Arkeps.a (f
City, of Fayetteville ( '"--
I, Vivian Koettel, City CIerh and x +: -_O -ficin
recorder for the City of Fayet4evylle, da keret
by certify that the annexed or_- foregoing is
of record in my office and the same VII
pears in Ordinance & Resolgtrgn bgolc
X t • at page --92 y Vy'itness my,
hand and s day; e€
19 11"•
o Ap
City Clerk and Es -Officio Recorder
MICROFILMED
1
AGREEMENT'FOR ENGINEERING SERVICES
FOR
STREET AND SANITARY SEWER LINE CONSTRUCTION
•
THIS AGREEMENT, made and 'entered into this sxk day of Yam/LA)
1981, by and between the City of Fayetteville, Arkansas, hereinafter referred
to as the "Owner", and Milholland Engineering $ Surveying,. Consulting Engineer
of Fayetteville, Arkansas, hereinafter referred to as the "Engineer", -
WITNESSETH THAT:
WHEREAS, the Owner desires to improve, construct or reconstruct certain
streets and a sanitary sewer line 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.
Twelfth Street (Duncan to Dead End) •
Van Buren Street (Duncan to 15th Street)
The above listed streets also require the construction of
parallel sidewalk, curb, and gutter, as a part of the work.
Sanitary Sewer Line - To design certain sewer line and/or facilities
to serve, as feasible, to existing residences
not presently served by City sewer facilities
at the following location:
Huntsville Road (from Sherman Street west approximately
2,000 feet)
Section 2. Scope of Engineering Services
The Engineer shall provide a suitable staff to perform basic engineering
services; construction management, including necessary resident inspection;
and land surveys as directed. These various types of work are more speci-
fically 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 specifications 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.
FY91BIT A
•
i
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 improvements.
The plans shall show the location of the apparent street right-
of-way lines.
Meet with representatives of all involved utility companies
and governmental agencies to coordinate the overall project.
5. Prepare detailed cost estimates.
6. Assist the Owner in the advertising for and receiving of
construction bids, including recommendations to the Owner re-
garding 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/or
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.
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 of the
executed work.
2. Provide for resident inspection of the various job sites.
Provide a
excluding
4. Provide a
struction
survey crew to lay out the project for construction,
any necessary land and right-of-way surveys.
project engineer to manage and coordinate the con -
activities.
5. Provide other personnel such as secretaries, draftsmen, engineer-
ing 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 representa-
tive 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.
-2-
•
C. Land Surveys
Under Paragraph "A" of this section, it is set dirt that the Engineer will
advise 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 owner's 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.
3. Prepare tract maps and easement descriptions as may be required.
The work to be done under this section shallbe done on an hourly basis
as set out in Section 3 of this Agreement.
Section 3. Compensation
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 $12,554.10. This fee includes full compensation for every item
of work as described in Section 2-A. The fee is based onan estimate of
the various classifications of work at the hourly rates set out below.
The hourly rates include direct labor costs plus allowances for indirect
labor costs, overhead and profit.
Professional Engineer (92 hours @ $48.30)
Engineering Aides (49 hours @ $20.50).
Draftsmen (173 hours @ $14.50)
Secretary (14 hours @ $10.25)
Registered Land Surveyor (40 hours @ $20.00)
Survey Crew (63 hours @ $58.00)
TOTAL
B. Construction Management
$ 4,443.60
1,004.50
2,508.50
143.50
800.00
3,654.00
$ 12,554.10
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 $11,544.23 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.
Professional Engineer
Engineering Aides
Secretary
Survey Crew
Resident Inspector
Draftsmen
Travel
-3-
$48.30 per hour
20.50 per hour
10.25 "
58.00
15.00
14.50
0.25 per mile
11
n
11
tl
The hourly rates shown above include total compensation to the Engineer
for all expenses as described in Paragraph "A" above.'
C. Land Surveys for Easements
Compensation for land surveys and other work related thereto will be
based on the hours of workactuallyrequired. The rates to be charged for
the various classifications of personnel shall be identical to those set
out under Paragraph "A" above.
Only work'ias 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 (5O%) 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 for Easements
Payment3Ao be -made -upon completion of the various items of
work as directed by the Owner on a monthly basis.
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 (5) days before the effective date of such termin-
ation. 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 )ust and equitable compensation under this contract for any satis-
factory 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
•
-4-
•
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 insti-
tution 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 a 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.
-5-
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 S. Equal Opportunity Provisions
During the performanceof 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, demo-
tion, or transfer, recruitment or recruitment advertising; layoff or training,
including apprenticeship. The Engineer agrees to post in conspicuous place,
available to employees and applicants for employment, notices to be provided
by the Contracting Officer setting forth the provisions of this non-discrimin-
ation 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 ordelegateto 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 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 . 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
construction of the work.
-6-
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 instrumentswerecopyrighted 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 ex-
pense, 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.
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:vhave set
their hands_and seals on the date heretofore set out.
CITY OF FAYETTEVILLE, ARKANSAS
Vivian:cKoettel, City Clerk
��tl 1p
Attest:
lC this Wa y
r
lte s Secretary
John Todd) / Mayor
MILHOLLAND ENGINEERING $ SURVEYING
e2Q
vin Milholland, rent
-7-
•