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HomeMy WebLinkAbout117-82 RESOLUTION• • • • • RESOLUTION NO. )77-8a. A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH NORTHWEST ENGINEERS, INC. FOR ENGINEERING SERVICES NECESSARY FOR IMPROVEMENTS TO ROCK STREET, SOUTH STREET, AND WEST STREET. 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 Northwest Engineers, Inc. for engineering services necessary for improvements to Rock Street, South Street, and West Street. A copy of the contract authorized for execution hereby is attached hereto, marked Exhibit "A" and.made a part hereof. L PASSED AND APPROVED this / day of (De 70B E/ , 1982. • APPROVED:_ Pi -6ATTEST.: 144 nor �ajea.d // 7 ` • ,',City Clerk By: Mayor dLiA • • AGREEMENT FOR ENGINEERING SERVICES ' FOR RIGHT-OF-WAY MONUMENTATION AND STREET CONSTRUCTION THIS AGREEMENT, made and entered into this oWh day of QC.—A;Xide 1982, by and between the City of Fayetteville, Arkansas, hereinaeter referred to as the "Owner," and Northwest Engineers, 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 within the City of Fayetteville; and WHEREAS, the Engineer has sufficient expierenced 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 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 pro- vide said services. Section1.- Description of'Project The project for which engineering services are to be provided is generally described as follows: A. Establish and monument the right-of-way of the following streets: 1. Rock Street from:West Street to School Street 2. South Street - from West Street to School Street 3. West Street - from Rock Street to South Street B. Widening of the following streets: 1. Rock Street - from West Street to School Street 2. South Street - from West Street to School Street 3. West Street (East side only) - from Rock Street to South Street Section 2. Scope of Engineering Services The Engineer shall provide a suitable staff to perform basic engineering design services more specifically defined as follows: PHASE I: RIGHT-OF-WAY MONUMENTATION A. Establishing and Monumentating:8treet'Right-of=Way. The work to be done under this item shall consist of the following: 1. Perform necessary field surveys and office research needed to establish the right-of-way boundary. 1 • • 2. Set concrete monuments at all points of change in direction of the boundary. All of the above described work of Phase I shall be completed in seven (7) days from the date of the Notice to Proceed. Compensation for all of the above described work of Phase I shall be a lump sum fee of $1,175.00 as set out in Section 3. PHASE II: PRELIMINARY ENGINEERING REPORT A. Field-SurveySand Basic Drawings. The work to be done under this item shall consist of the following: 1. Perform detailed field surveys of the various sites to establish data necessary for the preparation of preliminary plans. The field surveys shall include: a. The location of all existing utilities as best can be located without excavation, and the location of apparent street right- of-way lines. b. Profiles as necessary to provide information to draw cross- sections on 50 -foot stations. c. The establishment of a base line on the ground and referenced so that it can be re-established at a later date. 2. Prepare copies of all reduced field survey notes to be delivered to the Owner by the Engineer. 3. Prepare reproducible plan and profiles and cross-sections of the existing features as determined by the above field surveys. Said reproducibles to be delivered to the Owner. 4. Advise the Owner as to soils investigations that might be requir'ed.' B. " Design and Cost Estimate. Work to be done under this item shall consist of the following: 1. Prepare one copy of "red -lined" drawings on the blueprints completed under Item A-3 above showing the design which would meet the present city standards as defined by existing codes and ordaninces. 2. Prepare construction cost estimates for each individual project shown above. All of the above described work of Phase II shall be completed in twenty-. one (21) days from the date of the Notice to Proceed. Upon completion of Phase II, the Engineer shall meet with the Owner and their agents to present the above information and assist in deciding which projects to proceed with detailed engineering. • • Compensation for all of the above described work of Phase II shall be a lump sum fee of $3,900.00 as set out in Section 3. PHASE III: DETAILED ENGINEERING A. Preparationof Detailed Plans and Specifications. under this item shall consist of the following: Work to be done 1. Prepare detailed plans, specifications, and bid documents of those projects selected by the Owner. 2. Assist the Owner in advertising for and struction of the selected projects. receiving bids for con - Any changes or alternate designs made at the request of the Owner will be made at the hourly rates quoted herein and shall be considered extra work and not subject to the maximum fee.. E. Construction Phase Under this phase the Engineer will perform the following items of work: Provide for periodic visits to the job sites by a professional en- gineer to observe the overall progress and quality of the executed work. 2. Provide for construction observation as necessary to insure com- pliance with the plans and specifications. 3. Provide a survey crew to lay out the project for construction, ex- cluding 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 estimate to the contractor, including the assembly of written guarantees which are required by the contract documents. 7. Provide for final inspection of presentatives of the Owner, the of the contractor and any other the project in the company of re - project engineer, a representative 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. "Section 3. 'Compensation Compensation for the various types of services to be provided under this contract shall be made as follows: • • • • A.-.Phase:It(:Righ.tof.Way:.Monumentation• Compensation for right=of-way monumentation shall be a lump sum fee of $1,175.00." This fee includes full compensation for every item of work described in Section II, Phase I. • Phase:Il:. Preliminary-Engineering'Report Compensation for preliminary engineering services shall be a lump sum fee amount of $3,900.00. This fee includes full compensation for every item of 'work as described in Section 2, Phase II: Preliminary Engineering Report. The fee is based on an estimate of the various classifications•of work at the hourly rates as set out below. The hourly rates include direct labor costs plus allowances for indirect labor costs, overhead and profit. Engineer (30 Hrs. @ $45.00/Hr.) Draftsman (30 Hrs. @ $18.00/Hr.) 2 -Man Survey Crew (8 Hrs. @ $30.00/Hr.) 3 -Man Survey Crew (32 Hrs. @ $45.00/Hr.) Material TOTAL Phase:III:.: Detailed Engineering Report $ 1,350.00 540.00 240.00 1,440.00 330.00 $ 3,900.00 Compensation for Phase III shall be based on the actual hours of the various classifications of employees that may be necessary to per- form the work. The total fee shall not exceed $2,378.00 so long as the total construction time is four months or less from the date of Notice to Proceed to the construction contractor. If the total con- struction time exceeds sik:months, then the Engineer shall be com- pensated for the additional time a construction 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. Engineer (12"Hrs:, @ $45.00/Hr.) Draftsman (10 Hrs. @ $18.00/Hr.) -344an Survey Crew (16-Hrs. @ $45.00/Hr ) Construction Inspector (40 Hrs. @ $20.00/Hr.) Material TOTAL D.'.Method.:of Payment Payments to the Engineer shall be made as follows: 1. Phase'I: Right -of -Way Monumentation Full payment to be made upon completion of the monumentation. $ 540.00 180.00 720.00 800.00 138.00 $ 2,378.00 4 Section 4 2. Phase II: Preliminary Engineering Report Full payment to be made upon submittal to the Owner quired plans and other information. r - 3. Phase III: Detailed Engineering i' F , Payment to be made monthly using Section 3. General Considerations of the re- • the hourly rates as shown in 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, a€ 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 forConvenience 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 pro- vided 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 ser- vices 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 in- corporated in further written amendments to this contract. D."Personnel I:. The'_Engineer:representscthat he,has, er'willmsecure'.at his own -expense, allspersbnnel requiied-in.:performing the services'und'et7this:contractu-".Such-per- sonnel 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 orpermitted under state and local law to per- form 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'LocalLaws 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. Accessto-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 re- presentatives, 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, exerpts, and transcriptions. H. - Estimates Since Engineer has no control„over:rthe; cost of labor, materials or equip- ment, or over the methods of determining prices, or over competitive bidding or market conditions, the estimates of cost provided are to be made on the basis of Engineer'sexperience and qualifications and represents 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. ' 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 seclection 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 for 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. Interstof 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 in- terest, 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 ac- quire 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 in- terest 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 con- struction of the work. - a ! 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 laboratbryywork 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 instru- ments were copyrighted or whether the project for which they were prepared is ex- ecuted. 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. Af1't.ST:''a Olivia Kel1y4City Clerk ATT Harry G. Cfray, Sec. -Tres. OF FAYETTEVILLE, ARKANSAS phody Paul NolandMayor NORTHWEST ENGINEERS, INC. t�/� Erv- eh Wimmerly, President )